St. Norbert College Compliance with the Higher Education Opportunity Act Peer-to-Peer File Sharing Requirements

Introduction

H.R 4137, the Higher Education Opportunity Act (HEOA), is a reauthorization of the Higher Education Act. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:

• Institutions make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and punish illegal distribution of copyrighted materials.
• Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyrighted material.
• Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.

This document outlines St. Norbert College’s plan to comply with these requirements.

Annual Disclosure

St. Norbert College will communicate with all students and employees on an annual basis, reminding them:

• All members of the St. Norbert College community agree to comply with the Computing and Networking Appropriate Use Policy, which includes a requirement to adhere to appropriate laws including copyright laws, and which includes sanctions if violated.
• All residents of College residence facilities agree to Student Computer Networking Terms and Conditions that preclude using peer-to-peer file sharing software.
• The College’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on our web site.
• Copyright violations can result in criminal and/or civil penalties.
• File sharing software can have a serious negative impact on the operation and performance of a computer.
• The College manages Internet traffic to support the primary mission of the College.

Members of the St. Norbert College community will be encouraged to read our document on File Sharing and Copyright Infringement which includes information about College policies and copyright laws and penalties.

Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material

The College employs Internet traffic management technology to prioritize network traffic. We limit the amount of bandwidth available to peer-to-peer applications but we do not filter such applications since much of the traffic is legal.  The College also takes swift and appropriate action when it receives a complaint of illegal file sharing.

Offering Alternatives to Illegal File Sharing

The College document on File Sharing and Copyright Infringement includes a section on legal alternatives for acquiring digital content.

Approved by the Information Services Advisory Committee, November 2009.

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