University
of Colorado Denver
Information
Technology Services Procedure
Illegal
Filesharing and Copyright Violations
October,
2008
Summary
Although the
University of Colorado Denver | Anschutz Medical Campus Information Technology Services Department
does not actively scan or monitor the campus network for copyright violations,
individuals using university computing resources should be aware that such acts may
result in suspension or removal of computer access, expulsion, corrective
and/or disciplinary action, as well as civil and/or criminal penalties. This document outlines the university's plan for
curtailing these activities as required by the 2008 Higher Education Act.
Computing Policy
In addition
to being a violation of federal law, use of filesharing software to illegally
obtain copyrighted material is a violation of the university acceptable use computing
policy https://itservices-web.ucdenver.edu/securedocs/document.php?doc=9s2. Faculty, staff or students who violate the
policy will be referred to the appropriate administrative and/or review
authority for further action. IT
Services will only take action against an individual upon repeat violations of
the policy as outlined in the procedures below.
Procedures
1.
Notification and Investigation
The CU System
Legal Office serves as the single point of contact for copyright violation
allegations. Concerns over a potential
violation are sent to DMCA-agent@cu.edu. Upon the university having been forwarded a complaint
from CU System that a university computer may have illegally obtained copyright
material, IT Services will investigate the allegation and attempt to determine
the identity of the user of the computer.
Once the user has been identified, a formal notification containing all allegation
and identifiable information will be forwarded to the appropriate official(s)
for appropriate policy violation action as follows:
Students: Dean of Students
and/or Student Review Board
Faculty/Staff: Department
Administrator and/or Chair
The
official(s) will need to provide a response that outlines the action taken in
response to the allegation. IT Services
will document the investigation and outcome in order to monitor for repeat
violators.
2.
Second Violation
Individuals
who have been found in violation of policy a second time shall immediately have
their computer disconnected from the university network. In order to restore network access, the
individual who violated the policy must provide a written response to IT
Services and the appropriate official(s) that they understand the extent of
legal risk that the activity poses to the university and agree to abide by policy in the
future. This action does not preclude
the appropriate official(s) from using other appropriate management techniques
and/or sanctions such as the HR performance management planning process to
curtail further violations.
3.
Third Violation
Individuals
who violate policy a third time shall immediately have their computer
disconnected from the univ ersity network. Such
revocation of privileges is considered permanent unless restoration is
petitioned by the appropriate official(s).
The petition will be reviewed and decided by the Office of Regulatory
Compliance.
Communication and Awareness
The university utilizes
a number of mediums to convey requirements that all faculty, staff and students
abide by Acceptable Use Policy and promote awareness of the potential sanctions
for obtaining copyrighted materials illegally.
Such examples include:
1.
Annual Campus Notice
IT Services
provides an annual notice to all faculty, staff and students that obtaining or
distributing copyrighted material without proper authorization is illegal. The notice summarizes the procedures used in investigations
as well as the potential penalties that an individual could face for
violations. Hyperlinks to websites that
contain additional education information are also provided in the notice.
2.
Faculty and Staff Orientation
IT Services
provides awareness of Acceptable Use Policy for all new faculty and staff that
begin working at the university.
3.
Student Orientation
New students
at the university are provided with information at orientation that provides awareness of
Acceptable Use Policy as well as issues with using filesharing software to
obtain and/or distribute copyright materials illegally.
4.
Faculty and Staff Training
New faculty
and staff at the university are required to take mandatory training that demonstrates
awareness and understanding of University policy. Such training includes information technology
security, advanced security, and ethics.
Download Alternatives
The university will
offer alternative downloads to the extent practicable and as they are
identified. Currently, the university IT Services
does not believe an alternative exists that fits within our current budget and
resource constrained environment. The university’s
residence halls are operated by a 3rd party utilizing separate
Internet access that should allow students to utilize private pay
self-services.