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September 4, 2007 - Minutes
Present: Tom Stafford, Matt Peterson, Carrie Levow, Harry Nicholos, Pam Gerace, David Drooz, Steve Keto, Sam Averitt, Greg Sparks, Stan North Martin, Leslie Dare
1. Welcome and Introductions
Tom Stafford explained the purpose of the meeting: first, to better understand the nature and extent of illegal file sharing on campus; second, to clarify the roles of various units on campus in responding to illegal file sharing; and third, to determine what courses of action are needed to further address the problem.
2. Nature and Extent of Illegal File Sharing
- There are legal and legimiate uses for file sharing; illegal file sharing typically consists of downloading and/or sharing music (or movies or games) which have not been purchased.
- The vast majority of known incidents are perpetrated by students. There are a few known instances of staff engaged in illegal file sharing.
- In the past 2 months, there were 289 reported incidents of illegal file sharing; there were 665 reported incidents in the Spring 2007 semester.
- Students who are accused of illegal file sharing face legal action from the RIAA, which is targeting college students. Settling with the RIAA can cost as much as $4,000. At least 14 students have settle thus far.
- NC State University has been ranked as high as #2 on the RIAA list of higher education institutions whose students violate copyright law through illegal file sharing. In addition to the impact of negative publicity for the university, individual students are liable for their actions and are subject to large settlement costs. (The first RIAA lawsuit awarded the RIAA $222,000 in damages to be paid by the defendent.)
- There is also concern that the university could lose its ISP exemption (along with other colleges and universities) if congress were to take action to hold institutions accountable for the actions of students engaged in illegal file sharing.
- It is believed that some students truly believe what they are doing is legal. Not all file sharing software makes clear to the user what exactly they are paying for. However, it is also believed that new students are bringing this habit from home and do indeed understand that it is illegal but are not concerned (or don't understand) the consequences.
2. Current Roles of Campus Units
- ResNet - receives notification from RIAA; forwards notification to student (or employee) with request to cease/desist. Repeat student offenders forwarded to Office of Student Conduct.
- Office of Student Conduct - adjudicates repeat offenders.
- Human Resources - resolves with employee and supervisor.
- Student Legal Services - provides legal representation to students who have received settlement requests from RIAA. (Students must request assistance from this office; it is not automatically provided.)
- Office of Legal Affairs - represent the university as needed; recently responded to request from RIAA to provide names of students (info was not provided).
- Outreach and Communications, Office of Information Technology (formally ITD Training and Education Unit) - provides education to students on this topic during New Student Orientation, Parents Orientation and Transfer Orientation.
2. Next Steps
- The group agreed that several courses of action are necessary:
- Campus Education
- Explore feasibility of providing legal alternatives (like Ruckus or Napster)
- Implement technical solutions that would block illegal file sharing
- Enforce copyright law and university policies/rules/regulations
- Campus Education
- David Drooz recommends very strong student education to strengthen our stand should congress again explore holding institutions accountable.
- Leslie Dare will work staff from OIT and others to start developing an educational strategy for campus.
- Legal Alternatives
- This is not likely because there isn't funding available at this time.
- Technical Solutions
- There are many challenges on this front. More exploration is needed.
- Enforcing law and policy
- David Drooz recommends a stronger and clearer set of sanctions for both students and employees.
- The evidence provided by the RIAA is an IP address. It is impossible (unless the student admits to the behavior) to link an IP address to a specific student in many situations (letting a friend use the computer, wireless hubs, etc.) This is a big hurdle in processing violations in a fair and consistent manner.
- Additionally, given the sheer volume of incidents, the Office of Student Conduct cannot process each and every violation.
- Next meeting: to be scheduled after the Campus Education group has something significant to report.
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