Number 10: To Respond or Not to DMCA Notices Pro –Good faith effort towards content owner concerns. –As a matter of policy and citizenship obligations of our students. –Just in case… (after all, the RIAA says…). Con –Content owners have NOT shown “good faith!” –We are just the ISP and shouldn’t intercede in matters between users and content owners. –Too much administrative burden. –Legal Rabbit Hole: the more we go down it, the more we might get implicated in it.

Number 9: To be or not to be a Private Network … Pro –Don’t have to comply with CALEA. –Don’t have to worry about rogue copyright violations. –Don’t have to comply with ECPA. Con –Help serve our communities especially with access to the “last mile.” –Eventually distinction won’t matter for CALEA. –Eventually distinction won’t matter for ECPA.

Number 8: To block or not to block social networking sites Pro –Keep young and foolish students out of harm’s way (employers, civil actions). –Maintain the good reputation of an institution, especially certain groups such athletics. –Avoid occasional spam problems. Con –Free speech, let them learn from their mistakes. –It is how they communicate, why should we restrict them? –Hell, they’re fun!

Number 7: To go or not to go with open/community source Pro –The collaborative, higher education past is the future. –It is in the spirit of higher education. –Ultimately it will save us money and be tailored to our needs. Con –The past is past, commercial is the future. –Higher education can’t keep up with commercial products and we shouldn’t fight the trend. –Too much money; let’s pressure vendors to tailor to our needs.

Number 6:To Policy or Not to Policy: e-Discovery Pro –Harmonize the process throughout campus. –Provide proactive information and instructions which saves time in the event of actual litigation. –Good to provide institutional interpretation of law to suit the tradition and culture of school. Con –Stay loose and tuned to specifics of litigation. –It is law anyway, so compliance is implied and policy is not necessary. –Implementation could change with technology, too hard to keep up with static policy/process.

Number 5: To become or not to become web accessible Pro –It is the right thing to do. –It attracts students and employees and helps with retention and alumni. –Have to? (Public) Leg up if we do (Private). –Accessible design is good design: it’s the future! Con –It is expensive. –Administrative burden on the many to help the few –It will restrict innovation on the web, it’s the past!

Number 4:To be or not to be intimidated by Blackboard Pro –They got the power! –They will sue if we don’t go with them. –They got the market share and lots of good people working for them. Con –Fight the power! –They can’t win a suit after the recent Supreme Court decision. –Our institution wants to go with another vendor more consistent with our culture, tradition and needs -- and it is a free, anti-trust country!

Number 3: To Notify or Not to Notify: Breach PII Pro –It’s the law (in a lot of states). –It’s ethical. –It’s good reputation … on balance. Con –It’s bad reputation … on balance. –It’s not the law (in some states … but note liability from other states). –It’s expensive and time consuming.

Number 2: Go or not to go with Commercial for Students Pro –Students use it anyway or don’t mind if we did… –Too expensive to maintain, so give it away… –They are better at it! Con –Commercialization of university services…where to draw the line? –Privacy: we know they scan it, and what will alumni think of those advertisements? –Control over our own systems and data, especially for emergency contacts? –What impact on FERPA obligations? –They are not as good as you think!

Number 1: To Forward or Not RIAA Settlement Letters Pro –In the interests of students; –In the interests of the institution; –Especially if you act on DMCA notices anyway, not a big deal. Con –We are not the RIAA’s handmaidens! –Not in the interests of the institution … “the more I try to leave, the more they try to pull me back in…” –It is a big %^&* deal, a lot of administrative burden and a huge pain in the %^&*()!

Bonus! To be, or not to be, sued by the AAP!