PBL 2: The Digital Dilemma ITED 8100 Spring 2004 Sandra Campagnone Sharon Strefling Sandra Washington

Digital Dilemma Our organization has just received notice that a small system affiliated website has been implicated in a file sharing lawsuit. Illegally acquired music and software have been found on the servers.

File Sharing File sharing is the exchange of information usually by means of computers/networks. Necessary for daily business transactions.Necessary for daily business transactions. Certain documents are made available to multi-users and must remain so.Certain documents are made available to multi-users and must remain so. Means to control access to critical files must remain in place.Means to control access to critical files must remain in place.

File Sharing Problems Potentially exposes sensitive information about our business to outsiders. –Target for hackers. –Access by rival corporations. Consumes network resources. Exposes the network to viruses and spyware. May violate copyright laws.

Action Plan The committee’s charge is to develop an Acceptable Use Policy that will determine what is appropriate use of network resources and the appropriate and legal response to violators of this policy.The committee’s charge is to develop an Acceptable Use Policy that will determine what is appropriate use of network resources and the appropriate and legal response to violators of this policy.

Action Plan We have formed a committee to address this issue and its impact upon our company. The clusters are represented by: Business: Representatives from our technical services department Creators: Local artists from the music industry Legal: Members of our legal team End Users: Personnel that utilize file sharing and will be impacted by this committee’s decisions Our Business The Four Clusters BusinessCreatorsLegalEnd Users

Music Community Copyright law supports the music industry’s position on the following items: An artist owns the music that he or she creates.An artist owns the music that he or she creates. Sharing music by unlicensed performance, broadcast or publication is the same as stealing one’s physical property.Sharing music by unlicensed performance, broadcast or publication is the same as stealing one’s physical property. The DMCA outlines the legal parameters for digital streaming or sharing music files.The DMCA outlines the legal parameters for digital streaming or sharing music files.DMCA

Music Community RIAA has reported losses of $42 million annually due to file sharing.RIAA has reported losses of $42 million annually due to file sharing. –They can no longer afford to take risks on new and innovative artists. –Currently taking aggressive legal action against individuals, but may have to change focus to networks if they are not successful in stopping the flow of illegal downloads.

Corporate Policy We support copyright laws.We support copyright laws. –Copyright law allows RIAA and other litigants to request and receive the identities of those who practice P2P file sharing where copyright infringement may be an issue. Productive employees should not be using network resources for personal use such as downloading music files or software.Productive employees should not be using network resources for personal use such as downloading music files or software. Any music or software that is downloaded should be the product of a specific need and all applicable licenses and fees should be paid according to management approval.Any music or software that is downloaded should be the product of a specific need and all applicable licenses and fees should be paid according to management approval.

Corporate Policy The technology department should approve any software for network use.The technology department should approve any software for network use. Employees who use company resources for downloading music and/or software for personal use will be subject to disciplinary action.Employees who use company resources for downloading music and/or software for personal use will be subject to disciplinary action. Virus software and firewalls should be maintained to prevent unauthorized downloads and potential harm to the network from viruses and intruders.Virus software and firewalls should be maintained to prevent unauthorized downloads and potential harm to the network from viruses and intruders.

Results The committee’s findings are as follows: The Acceptable Use Policy as it now exists is inadequate.The Acceptable Use Policy as it now exists is inadequate. –Revise according to industry standards to include specific references to music, video and software sharing and consequences to the violators of said policy. The company should consistently enforce the AUP and maintain a committee to oversee said enforcement.The company should consistently enforce the AUP and maintain a committee to oversee said enforcement.

Results Train employees on company policies and procedures in regard to file sharing.Train employees on company policies and procedures in regard to file sharing. –New hires through orientation. –Existing employees must sign AUP. –Intermittent training for all employees.

Results Add to existing hardware and software means to block unauthorized file sharing.Add to existing hardware and software means to block unauthorized file sharing. –Block ports where unauthorized P2P file sharing takes place. –Add firewalls to block access to unauthorized websites and domains such as Morpheus and Kazaa. Technology Department should acquire means to detect unauthorized file sharing.Technology Department should acquire means to detect unauthorized file sharing. –Personnel –Intruders to the network

References Cromwell, S. (1998). Getting started on the Internet: Developing an Acceptable Use Policy (AUP). Education World. Retrieved February 29, 2004, from world.com/a_curr/curr093.shtml world.com/a_curr/curr093.shtmlhttp:// world.com/a_curr/curr093.shtml Dean, K. (2004). New flurry of RIAA lawsuits. Wired News. Retrieved February 29, 2004, from Dean, K. (2003). RIAA hits students where it hurts. Wired News. Retrieved February 29, 2004, from Dean, K. (2003). RIAA legal landslide begins. Wired News. Retrieved February 29, 2004, from Digital Millennium Copyright Act § US Copyright Office Summary (1998). Digital Performance Right in Sound Recordings and Ephemeral Recordings, 69 Fed. Reg – 5702 (Feb. 6, 2004). In re: Aimster Copyright Litigation, 01 C 8933, US Dist. Ct. App. (2003). Standler, R.B. (2002). Issues in a computer Acceptable Use Policy. Retrieved February 29, 2004, from Wright, B. (2003). File share software developers want copyright reform. Retrieved February 29, 2004, from

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Digital Millennium Copyright Act of 1998 (DMCA) Intended to halt software piracy.Intended to halt software piracy. Gives RIAA, et al. the right to request and receive the IP addresses of those who download files where there is potential copyright infringement from the host network (businesses, universities and schools).Gives RIAA, et al. the right to request and receive the IP addresses of those who download files where there is potential copyright infringement from the host network (businesses, universities and schools). Used by RIAA to sue Napster, Morpheus, Grokster, Aimster and other P2P hosts for copyright violations.Used by RIAA to sue Napster, Morpheus, Grokster, Aimster and other P2P hosts for copyright violations. Legal teams for P2P hosts claim that it stifles free speech and jeopardizes Fair Use.Legal teams for P2P hosts claim that it stifles free speech and jeopardizes Fair Use.