DIGITAL MILLENNIUM COPYRIGHT ACT
ANNUAL NOTICE FOR ACADEMIC YEAR 2003-2004
TO ALL CORNELL UNIVERSITY STUDENTS

With the excitement of another academic year filled with new classes, activities, housing and friends, I can understand the temptation to fly by and delete a general message sent to all student users of the Cornell University network. But I ask you to consider important information about legal developments regarding file sharing of material for which you do not possess the copyright that may have direct and immediate implications for you.

The Recording Industry Association of America (RIAA), the copyright agent for a large number of popular musical entertainers, has begun issuing subpoenas under the Digital Millennium Copyright Act of 1998 (DMCA) to obtain the identity of individual users. As an Internet Service Provider (ISP), Cornell University is as subject to this kind of compulsory legal paper as commodity ISPs, or other college and university ISPs, a number of which have already been served with these papers.

While possession of file sharing programs such as Bear Share, Morpheus and KaZaA are legal, use of these programs in distributing copyright protected material for which the user does not have permission is not, and the distribution or sharing of such material may constitute a violation of federal copyright laws. Copyright holders, such as the RIAA, seek strict enforcement of these laws and copyright infringers can incur both criminal penalties and civil liabilities.

The Digital Millennium Copyright Act requires an ISP to act expeditiously to remove or block access to material upon receipt of a notice from a copyright holder that the material is being distributed on its network. Here at Cornell we implement that obligation by blocking Internet access to the allegedly infringing material upon receipt of a complaint. (Intranet use remains active) .We then send a form e-mail letter to the user explaining why his or her Internet connection has been blocked. This procedure requires the student to reply with the statement that he or she will cease and desist from the activity. Because this potential legal violation may also constitute a violation of University Policy, the user's name will be referred to the Judicial Administrator for adjudication. Please note that in accordance with the DMCA, repeat offenders may have their accounts terminated. (For more information see the University IT Responsible Use Policy.)

In some rare cases, "hackers" may be the cause of the problem. The student must still remedy the situation by contacting the CIT HelpDesk. (Students can largely avoid that problem by using secure passwords for both their computer and the network. For more information on secure passwords, please contact the helpdesk@cornell.edu.) If the student believes that he or she has a legal right to copyrighted material, he or she must file a counter-notice under the rules of the DMCA. (This counter-notice includes consent to suit brought by the entity or individual asserting ownership of the copyright). Once the student takes the appropriate action, his or her Internet connection is unblocked.

Subpoenas requesting the identity of users are the newest development. In accordance with the Family Education Rights Privacy Act, the University will notify the student that such a request has been made in order to allow the student to contest the subpoena. If no objections are interposed, the University will comply with the subpoena by sending the appropriate information. Given that the RIAA sued four students last spring for copyright infringement (whom they identified because the students advertised their services!), it is fair to assume that the request for user identification may be a first step towards a legal action under federal copyright laws.

How can you protect yourself from this kind of legal and/or University policy action? Simple: don't distribute music, games or videos for which you do not own the copyright or have permission to do so. Also, learn about the functionality of file share programs. For example, some file share programs will automatically take music from a legally purchased CD stored on your hard drive and distribute it anytime your computer is on, without your notice or permission. You are still responsible for the distribution of that material. Turn off the outbound function of these programs. (Information on how to do so may be found at: http://security.uchicago.edu/peer-to-peer/no_fileshare.shtml.)

Finally, educate yourself on the law and politics of digital copyright. More and more courses at Cornell touch on these subjects, a greater number of students are becoming increasingly aware of the issues, and the Office of Information Technologies offers a program devoted to information technology ethics education. http://www.cit.cornell.edu/oit/UCPL.html. With implications for free speech and freedom of inquiry, digital copyright just might become one of the most important political issues of your generation.

Have a great academic year!

Tracy Mitrano
DMCA Agent for Cornell University
it-policies@cornell.edu