[FC-discuss] [Fwd: [ICPL] Proposed HEOA Regulations Issued for P2P Provisions]

[Brian Rowe]

The agreement is troubling from net neutrality, free speech and privacy
perspectives.  Here are the low lights:

The proposed regulations create three primary requirements:
>
>    - An annual disclosure to students describing copyright law and campus
>    policies related to violating copyright law.
>    - A plan to "effectively combat" copyright abuse on the campus network
>    using "one or more technology-based deterrents".
>    - Agreement to "offer alternatives to illegal downloading".
>
> The NPRM lists four types of "technology-based deterrents", as specified in
> the report from Congress that accompanied the legislation:
>
>    1. Bandwidth shaping (anti net neutrality)
>    2. Traffic monitoring to identify the largest bandwidth users (spying
>    on students)
>    3. A vigorous program of accepting and responding to Digital Millennium
>    Copyright Act (DMCA) notices
>    4. A variety of commercial products designed to reduce or block illegal
>    file sharing (large free speech concern)
>
> A notice for comment like this is a perfect opportunity to voice concerns
on this issues both through an official filing and through press releases.
You might even think about contacting EFF or PK they both have experience
writing this comments and have resources like PK recent paper on content
filtering that are directly relevant.

-Brian


On Tue, Aug 25, 2009 at 3:39 PM, Fred Benenson <fred.benenson at gmail.com>wrote:

> Hi Gavin,
>   While I think I understand this, can you give us a little background
> about how it might be relevant for SFC'ers?
>
> Thanks,
>
> F
>
>
>
> ~ ~ ~
> thoughts / http://fredbenenson.com/blog
> work / http://creativecommons.org
> sights / http://flickr.com/fcb
> sounds / http://www.last.fm/user/mecredis
> status / http://twitter.com/mecredis
>
>
>
> On Tue, Aug 25, 2009 at 3:22 PM, Gavin Baker <gavin at gavinbaker.com> wrote:
>
>>
>> --
>>
>> Gavin Baker
>> http://www.gavinbaker.com/
>> gavin at gavinbaker.com
>>
>> We must learn to live together as brothers or perish together as fools.
>>    Martin Luther King, Jr.
>>
>> Last Friday, August 21, the Department of Education issued its
>> long-awaited Notice of Proposed Rulemaking (NPRM) related to Peer-to-Peer
>> File Sharing on campus networks. The proposed regulations reflect the
>> agreement reached by representatives of higher education and the
>> entertainment industry during Negotiated Rulemaking sessions held earlier
>> this year. Comments are due by September 21. The final regulations must be
>> posted by November 1 in order to be officially enforced beginning July 1,
>> 2010.
>>
>> The full NPRM is at <http://edocket.access.gpo.gov/2009/pdf/E9-18550.pdf>
>>
>> A summary of the key provisions is at <
>> http://www.educause.edu/node/178175>
>>
>> Some additional background with more links is at <
>> http://www.educause.edu/node/174432>
>>
>> Steve
>> --
>> Steven L. Worona
>> Director of Policy and Networking Programs
>> EDUCAUSE / 1150 18th St. NW suite 1010 / Washington, DC 20036
>> 202-331-5358 / 202-872-4318 fax
>> mailto:sworona at educause.edu http://connect.educause.edu/blog/sworona
>>
>> **********
>> Participation and subscription information for this EDUCAUSE Constituent
>> Group discussion list can be found at http://www.educause.edu/groups/.
>>
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>
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-- 
Brian Rowe
Juris Doctorate
(206) 335-8577 (Cell)

Access To Justice Technology Principles
www.ATJWeb.org

Freedom for IP
www.FreedomforIP.org
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