1. Higher Ed versus the RIAA and Vice-Versa — An Update
CSG-Dartmouth
September 26, 2003
Steve Worona
EDUCAUSE

2. Joint Committee of the Higher Education and Entertainment Communities
To examine ways to reduce the inappropriate use on campuses of P2P file sharing technologies.
To discuss their differences on federal intellectual property legislative issues.

3. Membership: Higher Education
Graham Spanier, Penn State, co-chair
Molly Broad, UNC
John Hennessy, Stanford
Chuck Phelps, Rochester
Dorothy Robinson, Yale
Staff:
Mark Luker, EDUCAUSE
Shelley Steinbach, ACE
John Vaughn, AAU

4. Membership: Entertainment Industry
Cary Sherman, RIAA, co-chair
Roger Ames, Warner Music Group
Matthew T. Gerson, Vivendi Universal
Sherry Lansing, Paramount Pictures
Hilary Rosen, RIAA
Jack Valenti, MPAA
Staff:
Fritz Attaway, MPAA
Troy Dow, MPAA
Mitch Glazier, Vivendi Universal
Barry Robinson, RIAA
Jonathan Whitehead, RIAA

5. Purpose and Scope
“We will seek ways to reduce the inappropriate use of P2P technology without restricting free speech and expression, invading privacy, or limiting the legitimate uses of P2P. The systematic implementation of thoughtful programs of education on copyright rights and responsibilities and appropriate and inappropriate uses of P2P technologies should be a central component of such actions. The development and application of carefully crafted policies and procedures for network management can also reduce inappropriate uses while preserving appropriate uses of those networks. As always, universities will respond appropriately to all legal requirements.”

6. 3 Task Forces Education John Hennessy, chair Developing white paper
Legislation
Molly Broad, Jack Velenti, co-chairs
Developing statement of principles and goals
Technology
Chuck Phelps, chair
Dave Lambert, Georgetown
Michael McRobbie, Indiana U
Staff: Mark Luker, Mark Bruhn
Working on 2 RFI’s

7. Technology Task Force RFI 1 Technologies/services for
Limiting bandwidth
Limiting infringement
Knowledge base
Company
Technology (scaling, platform, …)
What’s examined
Pricing
Etc.
RFI 2
Services offering “legitimate” distribution

8. What’s New RIAA is operating on (at least) 3 parallel tracks Lobbying
Lawsuits
Joint Committee
Hearings, legislation
Porn (especially child porn) in P2P
Sympathetic “victims”
Education along w/Commerce & Judiciary
Suing
Grokster, Verizon cases still in motion
Challenges by BC and MIT
FERPA linkage
Challenges by ALA et al
Legislative/public backlash
Errors (issue for auto-enforcement)
Privacy (translating into DMCA change)

9. Focusing on the Committee
Still reporting to Judiciary Committee every 45 days
Trying to reduce this
Education TF
Issued white paper on student liability
Mailed by ACE to every president
Next deliverable: “Effective Policies”
Technology TF
RFI #1
20+ responses
First round of summaries done
RFI #2
About 10 responses
Summaries to begin

10. University of Florida:ICARUS
Developed by VP for Residence Halls
Automatic detection and enforcement of policy violations
Registering MAC addresses
Monitoring all traffic flows looking for any P2P
Turn off network access for all machines registered
by “accused” violator
Redirected to page describing violation and how to respond
First offense: “Education”
Second offense: 5 days off net
Subsequent: Judicial system
UF: Works great!
RIAA: See? It’s easy! Why don’t you all do that?
Congress: Film at 11

11. Pilot Possibilities RFI #1 Major value seems to be price negotiation
Visibility
Leverage
Vendor
Future solutions
Actually solve the problem
Both
Letter from Graham Spanier
Contact John Vaughn of AAU

12. Notes & Discussion Higher-Ed view of lawsuits
Students or campuses as targets
DMCA remains an important shield
GAO survey on P2P
Commissioned by Congress
Written by non-technical social scientists
One round of input from EDUCAUSE
Will go to every college and university president
Looking for pre-test volunteers
Long-term solution: Licensing
Hatch: “…fair and reasonable licensing…” (2000)
Back-of-envelope calculations:
60 million swappers; $700 million loss
$1/month/swapper
Consider the Do Not Call Registry
John Dingell: “60 million citizens can’t be wrong”

13. A Good Reference “Alternate Distribution Strategies for Digital Music”
—G. Prem Premkumar, College of Business, Iowa State University, CACM v46 n9 September, 2003