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EDUCAUSE Memo on P2P Provisions in the Higher Education Act
From: David Farber <dave () farber net>
Date: Tue, 12 Aug 2008 14:38:38 -0400

Begin forwarded message:

From: Steve Worona <sworona () EDUCAUSE EDU>
Date: August 12, 2008 12:42:47 PM EDT
Subject: EDUCAUSE Memo on P2P Provisions in the Higher Education Act
Reply-To: Steve Worona <sworona () EDUCAUSE EDU>

Dear Colleagues:

Congress recently passed H.R. 4137, the Higher Education Opportunity Act, a massive piece of legislation to reauthorize the Higher Education Act that the President will soon sign into law.

This legislation imposes an array of new federal regulatory and reporting requirements for colleges and universities. Two of these provisions are designed to reduce illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing on campus networks. These and many other provisions of the Act go into effect when the President signs the bill. Institutions must take their obligations under the Act seriously and make a good faith effort to comply--as they would with any new federal law. But the law is unclear in certain respects, and ambiguities will need to be clarified through the regulatory process.

EDUCAUSE, along with ACE, AAU, and NASULGC, have prepared a memo summarizing what the law will require, what happens next, and what you should do now. The memo also includes the relevant portions of the Act, as well as the report language that accompanies and clarifies the law. That memo is posted at <http://net.educause.edu/ir/library/pdf/epo0815.pdf >

As noted in the memo, the Department of Education will hold a series of regional meetings to hear comments on how the new law should be implemented in regulations. EDUCAUSE will track this process and will call on interested member institutions to play an appropriate role in these regional meetings.

All comments and questions are welcome.


Mark Luker
Vice President

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