a presentation by Tracy Mitrano
May 2007
Contents:
Number 10: To Respond or Not to DMCA Notices
- Pro
- Good faith effort towards content owner concerns.
- As a matter of policy and citizenship obligations of our students.
- Just in case (after all, the RIAA says...).
- Con
- Content owners have NOT shown "good faith!"
- We are just the ISP and shouldn't intercede in matters between users and content owners.
Number 9: To be or not to be a Private Network ...
- Pro
- Don't have to comply with CALEA.
- Don't have to worry about rogue copyright violations.
- Don't have to comply with ECPA.
- Con
- Help serve our communities especially with access to the "last mile."
- Eventually distinction won't matter for CALEA.
- Too much administrative burden.
- Legal Rabbit Hole: the more we go down it, the more we might get implicated in it.
- Eventually distinction won't matter for ECPA.
Number 8: To block or not to block social networking sites
- Pro
- Keep young and foolish students out of harm's way (employers, civil actions).
- Maintain the good reputation of an institution, especially certain groups such athletics.
- Avoid occasional spam problems.
- Con
- Free speech, let them learn from their mistakes.
- It is how they communicate, why should we restrict them?
- Hell, they're fun!
Number 7: To go or not to go with open/community source
- Pro
- The collaborative, higher education past is the future.
- It is in the spirit of higher education.
- Ultimately it will save us money and be tailored to our needs.
- Con
- The past is past, commercial is the future.
- Higher education can't keep up with commercial products and we shouldn't fight the trend.
- Too much money; let's pressure vendors to tailor to our needs.
Number 6: To Policy or Not to Policy: e-Discovery
- Pro
- Harmonize the process throughout campus.
- Provide proactive information and instructions which saves time in the event of actual litigation.
- Good to provide institutional interpretation of law to suit the tradition and culture of school.
- Con
- Stay loose and tuned to specifics of litigation.
- It is law anyway, so compliance is implied and policy is not necessary.
- Implementation could change with technology, too hard to keep up with static policy/process.
Number 5: To become or not to become web accessible
- Pro
- It is the right thing to do.
- It attracts students and employees and helps with retention and alumni.
- Have to? (Public) Leg up if we do (Private).
- Accessible design is good design: it's the future!
- Con
- It is expensive.
- Administrative burden on the many to help the few
- It will restrict innovation on the web, it's the past!
Number 4: To be or not to be intimidated by Blackboard
- Pro
- They got the power!
- They will sue if we don't go with them.
- They got the market share and lots of good people working for them.
- Con
- Fight the power!
- They can't win a suit after the recent Supreme Court decision.
- Our institution wants to go with another vendor more consistent with our culture, tradition and needs -- and it is a free, anti-trust country!
Number 3: To Notify or Not to Notify: Breach PII
- Pro
- It's the law (in a lot of states).
- It's ethical.
- Its good reputation on balance.
- Con
- Its bad reputation on balance.
- It's not the law (in some states but note liability from other states).
- It's expensive and time consuming.
Number 2: Go or not to go with Commercial E-Mail for Students
- Pro
- Students use it anyway or don't mind if we did
- Too expensive to maintain, so give it away...
- They are better at it!
- Con
- Commercialization of university services: where to draw the line?
- Privacy: we know they scan it, and what will alumni think of those advertisements?
- Control over our own systems and data, especially for emergency contacts?
- What impact on FERPA obligations?
- They are not as good as you think!
Number 1: To Forward or Not RIAA Settlement Letters
- Pro
- In the interests of students;
- In the interests of the institution;
- Especially if you act on DMCA notices anyway, not a big deal.
- Con
- We are not the RIAA's handmaidens!
- Not in the interests of the institution ... "the more I try to leave, the more they try to pull me back in..."
- It is a big %^&* deal, a lot of administrative burden and a huge pain in the %^&*()!
Bonus!
To be, or not to be, sued by the AAP!
