HEOA COMPLIANCE PLAN
The Higher Education Opportunities Act of 2008 (HEOA) [Student Assistance General Provisions 34 CFR Section 668] contains provisions that requires The University of Southern Mississippi (Southern Miss) implement a plan to "...effectively combat the unauthorized distribution of copyrighted material by users of the institution's network, without unduly interfering with educational and research use of the network." To that end, the plan must include:
Reason for Policy/Purpose
This plan has been developed in order bring Southern Miss into compliance with the HEOA requirements to mitigate copyright infringement by users of the Southern Miss networks. This plan compliments and reinforces the Southern Miss Peer to Peer File Sharing and Copyright Infringement and Acceptable Use policies, both which specifically prohibit the use of Southern Miss resources for the illegal acquisition and distribution of copyrighted materials.
Who Needs to Know This Policy
All users of the Southern Miss networks.
Website Address for this Policy
1.0 TECHNOLOGY BASED DETERRENT
Southern Miss has deployed Audible Magic's CopySense Appliance (CSA), designed to mitigate illegal Peer to Peer (P2P) activity. The CSA attempts to:
2.0 USER EDUCATION
2.1 All users, regardless of affiliation, are required to acknowledge acceptance of the P2P and Acceptable Use policies before accessing Southern Miss network resources.
2.2 Annually, a message will be sent to all “usm.edu” email addresses providing the URL for the Acceptable Use and P2P policies.
2.3 Brochures detailing specific issues and items related to copyright infringement, along with the URI for the Acceptable Use and P2P policies will be published and made available for free at various locations across campus. This brochure may be mailed, on request, to prospective students and their parents.
2.4 Southern Miss Network users actively engaging in illegal P2P activity will have their Internet Activity disrupted and http traffic redirected to a website with information related to copyright and a summary of the P2P policy.
3.0 POLICY, PROCEDURES, AND PENALTIES
3.1 Procedures for handling P2P policy violations are addressed in the Peer to Peer File Sharing and Copyright Infringement Policies.
3.2 Procedures for the handling of violations of the Acceptable Use Policy are addressed in the Acceptable Use Policy.
3.3 Procedures for handling appeals of sanctions against wireless accounts for prohibited P2P activity are outlined in the P2P policy. Appeals for all other penalties arising from violation of university policies are handled per the handbook governing that individual, if that individual is student, faculty, or staff; or per contract or other legal agreement, if that individual is not affiliated with Southern Miss.
3.4 It is important for individuals to know:
17 U.S.C. Sec 504 specifies that an person infringing on copyright may be obligated to repay up to $30,000 per work in a civil action, or up to $150,000 per work if it is proven that the copyright infringement was willful.
18 U.S.C. Sec 2319 makes it a federal crime to infringe copyright when it can be proven that the violation was committed willingly with attempt to profit. A person convicted of copyright infringement can face up to 10 years of imprisonment, depending on the specifics of the case.
4.0 LEGAL SERVICES TO DOWNLOAD COPYRIGHTED MATERIAL
4.1 Please read the disclaimer in the “RELATED INFORMATION” section before proceeding to external links:
4.2 The Office of the CIO will review sources for legal media annually for availability and relevance.
Annually, the Acceptable Use and P2P policies will be reviewed by the Office of the CIO for their effectiveness in addressing copyright violations. The following metrics will be captured and analyzed:
Number of copyright related questions and comments directed to the Help Desk.
Number of P2P related DMCA complaints received.
Number of transfers disrupted by the CSA.
Number of users sanctioned by the CSA.
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Neither Southern Miss nor iTech are responsible for any defamatory, offensive, misleading, or illegal conduct of other users, links, or third parties, and the risk of injury from the foregoing rests entirely with the user.
Links from the Southern Miss InfoSec Web Site to other sites, or from other sites to the Southern Miss InfoSec Web Site, do not constitute an endorsement by Southern Miss or iTech.
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Amendments: Month, Day, Year – summary of changes