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Safe Harbor

Safe Harbor is located in Section 512 of the Digital Millennium Copyright Act (DMCA). It exempts ºÚÁϳԹÏÍø from being sued due to claims of copyright infringement resulting from users on its network. Safe harbor provisions were made to shelter Internet Service Providers (ISP's) from the infringing activities of their customers. Currently, the university qualifies for the safe harbor exemption. This means that the student/employee is the one liable for monetary damages if they are found to be the infringing individual. The university does not at this time give up the name of the individual who is infringing. In order to maintain Safe Harbor, Security and Access Management notifies the infringing user and requests that the infringement stop. ºÚÁϳԹÏÍø is actually trying to protect the students and employees from being sued. If subpoenaed, the university will turn over the name of the infringing user at that time.

Network Monitoring for students who are file sharing

ºÚÁϳԹÏÍø is not a policing organization. The university does not actively monitor computing behavior.

Organizations such as the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), the Business Software Alliance (BSA), Entertainment Software Association (ESA), and others monitor file sharing systems on the Internet. When they discover an instance of illegal file sharing that is originating from within ºÚÁϳԹÏÍø's network, they will send an official notice to the university.

Upon receipt of this notice, the university must take action to stop copyright infringement from occurring on its network.

Denying Network Access

Tuition money is not applied solely for network access. There are public labs available on campus. ºÚÁϳԹÏÍø provides network access to students so that they may pursue their academic endeavors. We do not have any obligation to provide students with network access so that they can violate copyright laws and provide servers to illegally distribute copyrighted materials. Internet access is provided as a convenience and to allow research to be conducted. If you misuse your access privileges by downloading materials illegally and are caught, you will lose the privilege to access the Internet for a period of time, until the copyright infringement notice has been resolved.

ºÚÁϳԹÏÍø's Response to Copyright Violations?

Title II of the Digital Millennium Copyright Act (DMCA) limits the liability of Internet Service Providers (ISP) for certain infringements. This means that the DMCA provides limited liability for ºÚÁϳԹÏÍø, as it is an ISP for the students, faculty and staff. In order for ºÚÁϳԹÏÍø to take advantage of some of the DMCA provisions, the university must take steps to respond to notices it receives.

Requirements of the DMCA:

• ºÚÁϳԹÏÍø receives DMCA notifications regarding copyright material that is being shared through the university's network. The Copyright Agent is required under the DMCA to respond in a timely matter to any copyright infringement notice received.
• Upon receiving a notification, Security and Access Management determines the owner of the computer that was using the IP address during the date specified.
• Security and Access Management then notifies the offender by email, about the infringement.
• The complainant (RIAA, ESA , BSA, MPAA, etc.) is then notified of the claimed infringement and the discipline consequences set forth by the university.

The DMCA requires that the university provide information to students, faculty and staff accurately, describing and urging compliance with copyright law.

The DMCA also requires that the university has procedures in place that will inform the students, faculty and staff of its policy regarding repeat infringement.

Procedure When Security and Access Management Receives a DMCA Notification for Students Living on Campus

First offense

1. Security and Access Management emails the student informing him or her of the infringement notification.
2. Security and Access Management blocks student's Internet access.
3. Student will be required to do all of the following:

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• View online educational videos about the DMCA through the online course set up for them. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a Quiz (100%) on the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call to schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notification to the Security and Access Management office at the scheduled appointment time, attesting that all of the requirements described above have been met.

Upon receipt of the required materials, Security and Access Management will restore the student's Internet access.

Second offense

1. Security and Access Management emails the student informing him or her of the infringement notification.
2. Security and Access Management office blocks student's Internet access.
3. Student will be required to do all of the following: (additional requirements in bold).

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• Obtain verification from the TechHelp Service and Repair Center that the above requirements have been met.
• Review the online educational video about the DMCA. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a quiz (100%) over the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call to schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notification to the Security and Access Management office at the scheduled appointment time, attesting that all of the requirements described above have been met.

Upon receipt of the required materials, the Security and Access Management will restore the student's Internet access.

Third (and future) offenses

1. Security and Access Management office emails the student informing them of the infringement notice.
2. Security and Access Management office blocks students Internet access.
3. Student will be required to do all of the following: (additional requirements highlighted in bold below)

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• Obtain verification from the TechHelp Service and Repair Center that the above requirements have been met.
• Review the online educational video about the DMCA. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a Quiz (100%) over the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call and schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notice to the Security and Access Management office, attesting that all of the requirements above have been met.
• Attend a Student Conduct hearing to determine further consequences.

Upon receipt of the required materials, and after the Student Conduct hearing, Security and Access Management office will restore the student's Internet access unless otherwise mandated.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929