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

2. 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. 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. 3 Membership: Higher Education Graham Spanier, Penn State, co-chairGraham Spanier, Penn State, co-chair Molly Broad, UNCMolly Broad, UNC John Hennessy, StanfordJohn Hennessy, Stanford Chuck Phelps, RochesterChuck Phelps, Rochester Dorothy Robinson, YaleDorothy Robinson, Yale Staff:Staff: Mark Luker, EDUCAUSEMark Luker, EDUCAUSE Shelley Steinbach, ACEShelley Steinbach, ACE John Vaughn, AAUJohn Vaughn, AAU Graham Spanier, Penn State, co-chairGraham Spanier, Penn State, co-chair Molly Broad, UNCMolly Broad, UNC John Hennessy, StanfordJohn Hennessy, Stanford Chuck Phelps, RochesterChuck Phelps, Rochester Dorothy Robinson, YaleDorothy Robinson, Yale Staff:Staff: Mark Luker, EDUCAUSEMark Luker, EDUCAUSE Shelley Steinbach, ACEShelley Steinbach, ACE John Vaughn, AAUJohn Vaughn, AAU

4. 4 Membership: Entertainment Industry Cary Sherman, RIAA, co-chairCary Sherman, RIAA, co-chair Roger Ames, Warner Music GroupRoger Ames, Warner Music Group Matthew T. Gerson, Vivendi UniversalMatthew T. Gerson, Vivendi Universal Sherry Lansing, Paramount PicturesSherry Lansing, Paramount Pictures Hilary Rosen, RIAAHilary Rosen, RIAA Jack Valenti, MPAAJack Valenti, MPAA Staff:Staff: Fritz Attaway, MPAAFritz Attaway, MPAA Troy Dow, MPAATroy Dow, MPAA Mitch Glazier, Vivendi UniversalMitch Glazier, Vivendi Universal Barry Robinson, RIAABarry Robinson, RIAA Jonathan Whitehead, RIAAJonathan Whitehead, RIAA Cary Sherman, RIAA, co-chairCary Sherman, RIAA, co-chair Roger Ames, Warner Music GroupRoger Ames, Warner Music Group Matthew T. Gerson, Vivendi UniversalMatthew T. Gerson, Vivendi Universal Sherry Lansing, Paramount PicturesSherry Lansing, Paramount Pictures Hilary Rosen, RIAAHilary Rosen, RIAA Jack Valenti, MPAAJack Valenti, MPAA Staff:Staff: Fritz Attaway, MPAAFritz Attaway, MPAA Troy Dow, MPAATroy Dow, MPAA Mitch Glazier, Vivendi UniversalMitch Glazier, Vivendi Universal Barry Robinson, RIAABarry Robinson, RIAA Jonathan Whitehead, RIAAJonathan Whitehead, RIAA

5. 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. 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 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. 7 Technology Task Force RFI 1 Technologies/services for Limiting bandwidth Limiting infringement Knowledge base Company Technology (scaling, platform, …) What’s examined PricingEtc.http://www.educause.edu/issues/rfi RFI 2 Services offering “legitimate” distribution RFI 1 Technologies/services for Limiting bandwidth Limiting infringement Knowledge base Company Technology (scaling, platform, …) What’s examined PricingEtc.http://www.educause.edu/issues/rfi RFI 2 Services offering “legitimate” distribution

8. 8 What’s New RIAA is operating on (at least) 3 parallel tracks LobbyingLawsuits Joint Committee Lobbying 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) RIAA is operating on (at least) 3 parallel tracks LobbyingLawsuits Joint Committee Lobbying 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. 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 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. 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 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. 11 Pilot Possibilities RFI #1 Major value seems to be price negotiation RFI #2 VisibilityLeverageVendor Future solutions Actually solve the problem Both Letter from Graham Spanier Contact John Vaughn of AAU john_vaughn@aau.edu RFI #1 Major value seems to be price negotiation RFI #2 VisibilityLeverageVendor Future solutions Actually solve the problem Both Letter from Graham Spanier Contact John Vaughn of AAU john_vaughn@aau.edu

12. 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” 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. 13 A Good Reference “Alternate Distribution Strategies for Digital Music” —G. Prem Premkumar, College of Business, Iowa State University, CACM v46 n9 September, 2003 “Alternate Distribution Strategies for Digital Music” —G. Prem Premkumar, College of Business, Iowa State University, CACM v46 n9 September, 2003