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Re: EDUCAUSE Memo on P2P Provisions in the Higher Education Act
From: David Farber <dave () farber net>
Date: Tue, 12 Aug 2008 19:23:56 -0400

This is also why the NetNeu "laws" being tosssed about worry me.

Dave

Begin forwarded message:

From: "Bob Frankston" <Bob19-0501 () bobf frankston com>
Date: August 12, 2008 3:08:17 PM EDT
To: <dave () farber net>, "'ip'" <ip () v2 listbox com>
Subject: RE: [IP] EDUCAUSE Memo on P2P Provisions in the Higher Education Act

“Report language that accompanies the law explicitly states that technology-based deterrents include “bandwidth shaping” and “traffic monitoring to identify the largest bandwidth users,””

There’s something very worrisome about Congress getting into the business of managing technology. How different is this from legislating the value of π (pi for the typographically challenged)? Does this mean that students watching the Olympics over the net will be presumed guilty?

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Tuesday, August 12, 2008 14:39
To: ip
Subject: [IP] EDUCAUSE Memo on P2P Provisions in the Higher Education Act



Begin forwarded message:

From: Steve Worona <sworona () EDUCAUSE EDU>
Date: August 12, 2008 12:42:47 PM EDT
To: NETATEDU-REPS () LISTSERV EDUCAUSE EDU
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.

Sincerely,

Mark Luker
Vice President
EDUCAUSE




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