Higher Education Opportunity Act Compliance
Gonzaga University Compliance with the Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements
Downloading, copying and sharing material, such as music, movies, games, and applications, for which the copyright holder has not given you rights is both against the law and Gonzaga University's Network and Computer Resource Acceptable Use Policy.
The Higher Education Opportunity Act (HEOA), also referred to as H.R. 4137, was signed into law on August 14, 2008. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. Specifically, the HEOA requires institutions to:
- Make an annual disclosure to students describing copyright law and campus policies related to violating copyright law
- Develop and implement a plan to effectively combat unauthorized distribution of copyrighted materials by users of Gonzaga's network, including the use of one or more technology based deterrents
- Provide a plan to offer alternatives to illegal downloading
Gonzaga University uses the following methods to inform the university community about the law and responses to copyright infringement claims:
- In order to use college computing resources, all members of the Gonzaga University community must endorse the Network and Computer Resource Acceptable Use Policy
- Entering students receive a written letter informing them of their responsibilities under the Digital Millennium Copyright Act (DMCA)
- Students receive an annual email message notifying them of their rights and responsibilities under the DMCA
- Information and guidelines on copyright laws, including the University's response to DMCA takedown notices, are provided on the Information Technology Services website
Plans to ‘effectively combat' unauthorized distribution of copyrighted materials
Gonzaga University has implemented a variety of technological tools to address potential DMCA violations. The University monitors for excessive bandwidth utilization and automatically disables network access for computers consuming disproportional quantities of bandwidth. Upon contact, staff ensure that the bandwidth consumption is appropriate and for legal purposes.
The University also deploys systems to identify and notify individual users/computers of any potential DMCA violations reported to the University by copyright holders. After three such notifications (assuming at least 48 hours between notices) the identified computer is blocked from network access until the owner can demonstrate that all file sharing software has been removed.
Finally, Gonzaga using traffic shaping to ensure that academic uses of the campus network receive the highest priority.
Information about legal sites and other copyright information can be found at the Recording Industry Association of America (RIAA) website http://www.campusdownloading.com.
In addition, EDUCAUSE maintains a comprehensive list of Legal Downloading Resources at their website http://www.educause.edu/legalcontent.
This plan will be reviewed on an annual basis by Information Technology Services for effectiveness and appropriateness.