1. P2P: Dangers, Risks & Copyright Infringement Jodi Ito Information Security Officer, ITS jodi@hawaii.edu 956-2400

2. P2P: What is it? Peer-to-peer filesharing Files are exchanged between individual computers and users

3. What’s the problem? Unknowingly share personal or sensitive information http://www.cbsnews.com/stories/2005/05/03/ eveningnews/main692765.shtml http://www.cbsnews.com/stories/2005/05/03/ eveningnews/main692765.shtml http://www.computerworld.com/action/article. do?command=viewArticleBasic&articleId=91 28820 http://www.computerworld.com/action/article. do?command=viewArticleBasic&articleId=91 28820

4. “Attractive” Malware Imbedded viruses, trojans, other malicious software in P2P files Problems determining “legitimacy” of files Vulnerable to attacks Malware may open ports on your firewall Computer may become part of a “botnet” http://www.us-cert.gov/cas/tips/ST05- 007.html

5. The BIGGER Problem! Used to “share” copyrighted materials “Copyright Infringement”

6. What is Copyright? http://www.copyright.gov/circs/circ1.html Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.

7. Fair Use From the US Patent & Trade Office http://www.uspto.gov/go/kids/kidantipiracy02.htm “Limited circumstances under which it may be allowable to reference or sample works without seeking an express release from a copyright holder.”

8. Fair Use Guidelines 4 factors help determine fair use: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes. The nature of the copyrighted work. Use of a purely factual work is more likely to be considered fair use than use of someone's creative work. The amount and substantiality of the portion used in relation to the copyright protected work as a whole. The effect of the use on the potential market for or value of the copyright protected work. http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n#fairuse

9. Copyright Infringement http://www.us-cert.gov/cas/tips/ST05-004.html Copyright infringement occurs when you use or distribute information without permission from the person or organization that owns the legal rights to the information. Including an image or cartoon on your web site or in a document, illegally downloading music, and pirating software are all common copyright violations. AKA “Piracy” http://www.uspto.gov/go/kids/kidantipiracy04.htm

10. DMCA Digital Millennium Copyright Act (1998): http://www.copyright.gov/legislation/dmca.pdf Determines role, responsibility & liability of ISP (UH is an ISP) “Safe Harbor” http://www.hawaii.edu/askus/813

11. US Congressional Actions Perception: Universities are breeding grounds for illegal downloading University officials testified at Congressional hearing on June 5, 2007 Universities are the target of a concentrated RIAA focus Looking to mandate technical solutions to block illegal copyright activities

12. US Higher Education Act 2008 Every college & university must certify it has: developed plans to effectively combat the unauthorized distribution of copyrighted materials, including through the use of a variety of technology-based deterrents; to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property

13. Higher Ed Discussions EDUCAUSE: Nonprofit association whose mission is to advance higher education by promoting the intelligent use of information technology (http:www.educause.edu) feed://connect.educause.edu/taxonomy/term/630/0/feed “Students Flock to Web Sites Offering Pirated Textbooks” “How It Does It: The RIAA Explains How It Catches Alleged Music Pirates”

14. HEOA: Higher Education Opportunities Act a.k.a: Higher Education Act Reauthorization, Higher Education Act Enacted on August 14, 2008 http://www.ed.gov/HEOA Contains language specifically addressing copyright infringement at HE institutions “technology-based deterrents” Current status: “negotiated rulemaking” Publishing of official rules Nov 2009 Compliance July 2010

15. New ITS Procedures? End of 2009: New federal mandates Early 2010: New/modified UH DMCA procedures Email notifications (uhitc-l listserv) Notifications via Chancellors/Deans/Directors Failure to comply may result in loss of federal funding!

16. Current Climate Culture Attitudes Awareness (or lack thereof) UH “Takedown” notice statistics 2006: 15 2007: 124 including 3 “Preservation Notices”, 2 “Early Settlement Letters” 2008: 396 notices received 2009: 65 to date

17. 2007 vs. 2008

18. Industry Notifications Sent to “dmca-agent” Three Types: “Takedown” Notice “Preservation” Notice - RIAA “Pre-settlement” Letter - RIAA

19. Who sends these notices? Paramount HBO Sony Pictures Business Software Alliance Entertainment Software Alliance Hachette Book Company Activision NBC Universal Fox Entertainment MGM Studios JK Rowling Warner Brothers The Teaching Company RIAA

20. What titles are being infringed on? Entourage House The Secret Life of Bees The Machinist Chris Brown - Wall To Wall Watchmen Mathworks Matlab Supreme Commander Dead Like Me: Life After Death Harry Potter and the Goblet of Fire Role Models Maroon 5 - This Love Forgetting Sarah Marshall

21. Takedown Notice Provides: IP Number Date & time of incident Material being infringed upon ITS Response Block access (IP, username, MAC) Notify network administrator If user is identified, user must sign a “Copyright Notification” Letter If 2nd offense, grievance will be filed with appropriate University officials

22. Preservation Notice From RIAA Preservation Notice notifies UH of the RIAA’s intent to subpoena UH for documents for subscriber information associated w/ an IP at a given time

23. Pre-Settlement Letter From RIAA Follow-up to the Preservation letter Asks to forward letter to user Evaluating on case-by-case basis UH will NOT provide any information to the RIAA unless presented with a VALID subpoena

24. Legal Issues UH will not provide any information to the RIAA unless presented with a valid subpoena UH must comply with all legal obligations If a user receives an “early settlement letter”, matter is between RIAA and user

25. Questions? jodi@hawaii.edu (808) 956-2400