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NETMAN  2013

NETMAN 2013

Subject:

Re: Detect Copyright Content being Shared via P2P

From:

Vlade Ristevski <[log in to unmask]>

Reply-To:

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

Date:

Wed, 23 Oct 2013 10:24:30 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (114 lines)

Thanks for the info. It's very helpful.

How many notices do you get in a months since you don't block it? Does 
this script also quarantine or remove them from the network? I just read 
over the safe-harbor status FAQ and there was a section in there that 
once the DMCA tells you content is illegally being shared that you have 
to remove it immediately. Or am I interpreting this wrong?


On 10/23/2013 10:10 AM, Strandskov, Mark D. wrote:
> Tim and Michael are correct.  At CMU, we have been specifically advised by
> our attorneys not to implement anything that would give us any information
> on the infringing payloads.  We can implement solutions based on IP header
> information, traffic and protocols but nothing that would notify us of the
> infringing content.  Once we are notified, we are legally obligated to do
> something about it.  Given that not all P2P is illegal, we aren't inclined
> to outright block the protocols.  With the tunneling options now
> available, it becomes a losing battle in the cat and mouse game to try and
> segregate legitimate/illegal traffic anyway.
>
> To deal with the current complaints, we simply wrote a system that
> monitors our DMCA registered agent email account, parses the legitimate
> emails for the IP/date/time and correlates that data with our NAC
> solution.  The offense gets logged and automatically emails the user.  A
> second offense gets automatically sent to our Office of Student Rights and
> Responsibilities as well where they call the student into their office and
> the student gets slapped with a hefty fine.  The illegal activities
> usually stop there.  A third and subsequent offenses are the same as the
> second offense but the fine is bigger yet and they face potential
> dismissal from the university.  It took time to develop the solution but
> it has made our lives much better not having to manually process every
> complaint.  We do still have to deal with the idiots who send the
> complaints to our abuse account instead of our DMCA account but that is a
> simple forward of the email to the correct account.
>
> Our attorneys are very careful to make sure we do not jeopardize our
> safe-harbor status.  It was also one of our attorneys who got the
> pre-litigation letters to stop because the company sending the letters
> were not licensed private investigators in the State of Michigan so they
> were, in fact, violating the law trying to take legal action against our
> students who were violating the copyright laws.
>
> Mark...
>
> Mark Strandskov
> Associate Director  Networks
> Central Michigan University
> Office of Information Technology
> 100 Telecom Drive, 007F Woldt LL
> Mount Pleasant MI 48859
>
>
>
> On 10/22/13 5:38 PM, "Tim Tyler" <[log in to unmask]> wrote:
>
>> I totally concur with Michael.  The whole point of DMCA is so that it is
>> not our liability just like conversations on the phone are not the phone
>> companies responsibility.  We just play the role of the messenger.   We
>> don't play any role in actively trying to detect it.  Besides, given all
>> the encrypted tunneling going on, it is almost impossible anyways.   Note:
>> We will send multiple offenders to the Dean for a reminder on lawful
>> practice and college policy.  And technically speaking, not all P2P is
>> illegal.
>> Tim
>>
>> -----Original Message-----
>> From: The EDUCAUSE Network Management Constituent Group Listserv
>> [mailto:[log in to unmask]] On Behalf Of Michael Sinatra
>> Sent: Tuesday, October 22, 2013 4:08 PM
>> To: [log in to unmask]
>> Subject: Re: [NETMAN] Detect Copyright Content being Shared via P2P
>>
>> On 10/22/13 6:20 AM, Vlade Ristevski wrote:
>>> Hello all,
>>>
>>> Every so often we get a notice from the DMCA or RIAA about some
>>> student sharing copyright protected content such as movies or music.
>>> Now we block 99% or more of it using or IPS so these notices are very
>>> infrequent (down from over 20 a day before the IPS install) but its
>>> still a PIA dealing with the ones that get through. Our IPS notifies
>>> and block P2P traffic  and can quarantine someone using P2P but we
>>> never get to see what content they are making available to the
>>> Internet. The DMCA and RIAA tell us exactly what they are sharing so
>>> I'd like to have the same tool they have available to scan our public
>>> IPs and see if copyright protected materials are being shared. Does
>>> anyone know of any tools that do this?
>> IANAL, but I was under the impression that doing active scanning or
>> detection of this stuff actually jeopardized your safe harbor status under
>> the DMCA.  (I.e. if you are monitoring the content, then you are expected
>> to detect and deal with it before the content folks see it.) You should
>> definitely talk with your general counsel before doing any active scanning
>> or monitoring.
>>
>> michael
>>
>> **********
>> Participation and subscription information for this EDUCAUSE Constituent
>> Group discussion list can be found at http://www.educause.edu/groups/.
>>
>> **********
>> Participation and subscription information for this EDUCAUSE Constituent
>> Group discussion list can be found at http://www.educause.edu/groups/.
> **********
> Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

-- 
Vlade Ristevski
Network Manager
IT Services
Ramapo College
(201)-684-6854

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

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