Clark College Compliance with Peer-to-Peer File Sharing Requirements of the Higher Education Opportunity Act
IntroductionThe Higher Education Opportunity Act (HEOA), a reauthorization of the Higher Education Act of 1965, was enacted by Congress in 2008. It includes provisions that require colleges and universities that participate in certain federal programs, including financial aid, to take steps to curb the unauthorized distribution of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:
Annual DisclosureClark College uses a variety of methods to inform our community about the law and Clark's response to copyright infringement claims:
Plans to "Effectively Combat" the Unauthorized Distribution of Copyrighted MaterialClark College employs a Bluecoat Packet Shaper to manage Internet bandwidth. Network traffic is monitored on the basis of transport protocol. P2P protocols are either blocked or allocated a minimal amount of bandwidth unless a specific application of P2P file sharing is approved. When we discover a system using excessive bandwidth, we contact the user to ensure that the bandwidth consumption is for legal purposes and that the user is aware of the College's policies concerning illegal file sharing.
The College responds to all Digital Millennium Copyright Act notices according to policies published on our web site:
Offering Alternatives to Illegal File SharingThe Clark College Web site provides links to sites that provide options for obtaining music, videos, and other digital content in a legal manner. Members of the Clark community are encouraged to take advantage of these legitimate sources of digital content. These resources can be found at:
Reviewing EffectivenessPeriodically, we will survey a sample of students to assess the extent to which our anti-piracy messages are reaching them, the extent to which students are taking advantage of legal alternatives, and the impact of our technical efforts to combat illegal file sharing.