HEOA Peer-to-Peer File Sharing Requirements

Carroll's Compliance with the Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements

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 require:

  • Carroll annually disclose to students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties, and describe the steps Carroll will take to detect and punish illegal distribution of copyrighted materials.
  • Carroll certifies to the Secretary of Education that it has developed plans to "effectively combat" the unauthorized distribution of copyrighted material.
  • Carroll offer alternatives to illegal file sharing to the extent practicable.
  • Carroll identifies procedures for periodically reviewing its plan's effectiveness towards combating unauthorized distribution of copyrighted materials.  

Annual Disclosure

The college views education as the most important element in combating illegal sharing of copyrighted materials. The following methods inform the college community about the law and Carroll's response to copyright infringement claims.

  • Before using college computing resources, all users must abide by the Acceptable Use Policy - Technology Resources. In addition, all employees must abide by the Electronic Communications Policy.
  • Technology staffs, including student workers, are trained on the college's copyright position.  Student workers provide an important channel for communicating with the student community.
  • Carroll's copyright information is provided on its Web site.
  • Periodically, all college employees receive e-mail from the President or other officers regarding copyright infringement and related issues.

Plans to "Effectively Combat" the Unauthorized Distribution of Copyrighted Material

Carroll uses several technology-based deterrents to combat the unauthorized distribution of copyrighted materials including:

  • Bandwidth shaping technology for prioritizing traffic based on need or policy observed. 
  • Traffic monitoring for identifying the largest bandwidth users. Users are contacted to ensure their use is for a legitimate purpose.
  • Blocking all known P2P traffic.

Alternatives to Illegal File Sharing

Educause maintains a comprehensive list of Legal Downloading Resources . Members of the college community are encouraged to take advantage of these legitimate sources of digital content.

Reviewing Effectiveness

Beginning in July 2011 and periodically thereafter, community members will be surveyed to assess the extent to which our anti-piracy messages are reaching them. We will analyze the impact of our technical efforts to combat illegal file sharing, and other aspects of our plans to combat the unauthorized distribution of copyrighted materials.

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