H.R 4137, the Higher Education Opportunity Act (HEOA), is a reauthorization of the Higher Education Act that includes provisions designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that Higher Education 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.
• Certify to the Secretary of Education that they have developed plans to "effectively combat" the unauthorized distribution of copyrighted materials. • "To the extent practicable," offer alternatives to illegal file sharing.
• Identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.
Plan to Effectively Combat Copyright Infringement
1. Information disclosure via relevant Web page(s)
The following are available on the Information Technology Services policy page:
Code of Ethics for Information Technology at Colby College
Implementation of the Digital Millennium Copyright Act at Colby College
2. Technology-based deterrents
Network traffic is inspected at the edge of the network by an application firewall. Peer-to-peer application traffic and access associated hosts/sites is denied by policy. Pursuant to the DMCA implementation procedures, individuals suspected of copyright infringement are notified of the complaint and of the current policies in effect.
3. Annual disclosure
General policy regarding the unauthorized distribution of copyrighted material is outlined in the Code of Ethics for Information Technology, which is included in the student handbook in addition to other relevant policy documents. Annual notices are sent to students regarding copyright law and the penalties for infringement. A statement regarding the illegal use of file sharing software and copyrighted material is included in computer advice sent to all first year students.
4. Offering Legal Alternatives
An Educause maintained list is provided as a list of alternate legal sources for online content:
Special arrangements with one or more content providers to obtain content through legal methods are not currently made.
5. Procedures for handling the unauthorized distribution of copyrighted material
Detailed proceedings for the handling of unauthorized distribution of copyrighted material are outlined in the Colby College DMCA procedures document.
6. Periodic review
The primary criterion for determining the effectiveness of this plan is the number of copyright complaints received. Annual surveys are conducted to determine overall awareness, and technology-based deterrents are regularly reviewed for effectiveness.