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CIO  March 2003

CIO March 2003

Subject:

Re: Download Problems

From:

Garry Bozylinsky <[log in to unmask]>

Reply-To:

The EDUCAUSE CIO Constituent Group Listserv <[log in to unmask]>

Date:

Mon, 3 Mar 2003 10:55:56 -0600

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (115 lines)

I think Mike Yohe makes an excellent point on this topic.  To me it is
analogous to searching every room in our residence hall to search for
stolen property.  I don't think the residents would tolerate that, nor
should they.  (If, however, a university official observes or is
notified that someone is selling stolen property then we would have a
responsibility to act.)  In the case of P2P applications, I believe I
have neither the responsibility nor the right to just search student
computers for the existence of such software or activity.

If nothing else, from the institution's perspective, by taking
responsibility for seeking out and stopping one illegal activity, we may
be assuming responsibility (and liability) for anything illegal residing
on any student's computer such as child pornography, financial scams,
pirated software, and even hacking into other computer systems.  Once we
take responsibility for uncovering one illegal act, why would we not be
held responsible for seeking out any and all illegal acts?  I advise
proceeding very cautiously here.

I've pasted below a proposed resolution that was recently sent out by
the Association for Student Judicial Affairs regarding a proposal by the
recording industry to monitor network traffic.  I advised my Student
Affairs staff to support this resolution.  Your Student Affairs staff
may be familiar with it.


Garry
--


-------- Original Message --------
Subject: ASJA Resolutions Committee asks for feedback on proposed
DMCAresolutions
Date: Fri, 21 Feb 2003 09:51:16 -0600
From: ASJA <[log in to unmask]>
To: [log in to unmask]

ASJA Members,
The Resolutions Committee proposes that ASJA approve a resolution
regarding proposed network monitoring for the purpose of enforcing the
DMCA. Prior to placing the resolution before the membership for a vote,
the Committee will accept and consider comments and suggestions from
individual members, then submit the resolution to the board of directors
for approval.

Comments may be directed to Linda Rowe, chair of the Resolutions
Committee, at [log in to unmask]
Comments will be accepted until March 20, 2003.


++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
SUBMITTED TO:   The Association for Student Judicial Affairs
SUBJECT:                Digital Millennium Copyright Act of 1998
PROPOSED BY:    Resolutions Committee, Association for Student Judicial
Affairs


WHEREAS, the Digital Millennium Copyright Act of 1998 was passed to
guard against misuse and unauthorized use of copyrighted materials; and

WHEREAS, the Recording Industry Association of America has a legitimate
interest in protecting original work of its members; and

WHEREAS, the Recording Industry Association of America is proposing that
institutions of higher education adopt network monitoring to police
student, staff, and faculty usage of copyrighted materials; and

WHEREAS, institutions of higher education are unique learning
environments in which valued forums of free expression, intellectual
exploration, and critical thinking could be jeopardized by using network
monitoring; and

WHEREAS, the monitoring of the content of electronic communications as
proposed by Recording Industry Association of America is inconsistent
with institutional missions to promote and enable intellectual freedom;
and

WHEREAS, with network monitoring comes a grave responsibility of
ensuring that data collected is not misused; and

WHEREAS, the level of monitoring proposed by the RIAA tends to exceed
the general monitoring necessary to ensure network integrity and is
likely to generate additional records that must be accorded FERPA
protections; and

WHEREAS, most institutions of higher education do not possess
technological nor personnel resources to support such monitoring; and

WHEREAS, the Electronic Privacy Information Center urges caution about
the appropriateness of network monitoring to address copyright
infringement in higher education; therefore be it

RESOLVED, that the Association for Student Judicial Affairs recommends
that institutions of higher education refuse to accept the burden of
network monitoring as proposed by RIAA; further be it

RESOLVED, that the Association for Student Judicial Affairs supports the
purpose of the Digital Millennium Copyright Act of 1998 and advocates
responsible use of copyrighted materials.


--

  Garry Bozylinsky
  Associate Vice President for Information Technology Services

  InterNet:  [log in to unmask]
  Voice:     (319) 273-7779
  FAX:       (319) 273-3153
  Postal:    1B Seerley Hall
             University of Northern Iowa
             Cedar Falls, IA 50614-0707

**********
Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/memdir/cg/.

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