The HEOA P2P provisions require universities to develop and implement “written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network without unduly interfering with the educational and research use of the network.” This document is UC San Diego’s plan to satisfy this HEOA requirement.
University of California campuses have developed various network management strategies to balance the many and competing demands placed on network resources without unduly interfering with the education and research use of the network. Under provisions of the DMCA and as a matter of University policy, the University does not routinely search for illegal activity that may occur over its networks. UC San Diego employs the following technology-based deterrents:
Network administrators pay attention to network traffic as one method to manage the resource and ensure that bandwidth is available for academic, research, and administrative uses in alignment with the University's mission. In the process, administrators identify anomalies in traffic, such as spikes in usage, and follow up as appropriate.
UC San Diego implements an active program for responding to copyright infringement notices. The institution follows system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA). In accordance with established procedures, UC San Diego has a DMCA agent and designated DMCA email account, which are on file with the US Copyright Office. When UC San Diego receives DMCA notices of alleged copyright violation, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed, as per the specifics of the case.
DMCA violations received for non-students are forwarded to their department. Consequences for non-students will depend on the policies of their respective department and classification.
Individuals receiving a copyright violation notice for an alleged infringement are notified and network connections for all network devices belonging to the individual are blocked temporarily. The student must attend a presentation on file sharing and copyright law (updated quarterly) and bring in the computer identified in the notice for a security scan to make sure UCSD Minimum Network Connection Standards (PDF, see Exhibit B) are met before network connections are restored. Individuals are also provided with documentation about copyright law, file sharing and the consequences of repeat notices.
Individuals receiving a second copyright violation notice for an alleged infringement occurring after their connection was restored for the first violation are blocked again, are required to attend the copyright presentation again, are required to bring in their computer for another security scan, and are also required to meet with the manager of the Help Desk. They are also referred to their college Dean via Office of Student Conduct, and are required to comply with the disciplinary procedures as determined by the Dean's office.
Individuals receiving a third violation notice for an alleged infringement occurring after their connection was restored for the first and second violations are re-referred to their Dean and are no longer allowed to connect personal devices to any of the school's networks.
The residential network at UC San Diego uses Impulse Point’s SafeConnect solution as its network access control (NAC) solution. SafeConnect is configured to identify computers that are running file sharing software and notify the user of the risks of file sharing software and illegal file sharing. Most students choose to turn the software off as a result. Guest users, who are more anonymous and could therefore be a greater liability to the university, are notified and blocked from network access until the software is turned off.
UC San Diego conducts an ongoing educational campaign to inform the UC community about UC San Diego's commitment to upholding copyright law, deterring copyright infringement, and following DMCA procedures. These activities include the following:
A system-wide website provides information about copyright, including appropriate vs. inappropriate uses of copyright material. The information includes FAQs about copyright ownership and using copyrighted material and links to pertinent UC San Diego policies.
Copyright law allows for the "fair use" of copyrighted materials for purposes of teaching, scholarship, and research. Fair use is a complex subject. The following resources provide more information on fair use:
UC San Diego implements an active program for responding to copyright infringement notices. The institution follows system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA). In accordance with established procedures, UCSD has a DMCA agent and designated DMCA email account, which are on file with the US Copyright Office. When UC San Diego receives DMCA notices of an alleged copyright violation, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed, as per the specifics of the case. Repeat offenders are blocked from using the network for a period of time.
UC San Diego conducts an annual review of its plan for combating copyright infringement. No single criterion is used to determine whether or not the plan is effective. Rather, a range of factors are considered in the context of the changing, external environment. The assessment may include the following considerations:
September 2015 Recidivism has not changed (continues to hover at ~4%). Notifications to ResNet customers who were using file sharing software via SafeConnect has had a marked impact on the percentage of notices coming in for residential students as compared to all others (non-residential students, and staff and faculty). The notification was instituted in the Fall of 2013, but significantly improved in the Fall of 2014. This has led to a significant reduction in the percentage of notices going to residential students: 55% in 2012-2013 to 42% in 2014-2015. We reviewed our educational material, including our websites and made minor modicfications to stay current. Our copyright presentaiton continues to be modified and updated on a monthly basis, and we continue to get positive feedback from attendees. (CR)
September 2014 Recidivism has not changed. Network upgrades included the addition of SafeConnect and the ability to notify and see the number of students running file sharing software, as well as the removal of our old Packetshaper. Reviewed our websites, as well as the websites of several other schools, including some of the “HEOA Role Model schools, and made minor modifications to our website to make sure it was current. We continue to review and update our Copyright Violation presentation on a regular basis. (CR)
May 2013 Recidivism continues to decline; positive feedback from students on our file sharing education initiatives. Reviewed sites for other institutions and made minor updates to links and content. No other updates necessary. (CR)
May 2012 Decreased recidivism; positive feedback from students on our file sharing education initiatives. Reviewed sites for other institutions and made minor updates to links and content. No other updates necessary. (CR)
July 2011 Increased recidivism. Worked with the Office of Student Conduct to implement monetary fines for repeat violations in order to respond to rising recidivism. (CR)