Information Security @ Tulane
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Policies & Guidelines
Policies & Guidelines about Peer-to-Peer (P2P) File Sharing Programs I. Introduction Peer-to-peer (P2P) file sharing applications allow users to download and share electronic files of all types and to use any computer as a server for file sharing requests. Currently, some of the more common files shared in this fashion are audio files (e.g., mp3, wav, midi), video files (e.g., QuickTime, jpeg, mpeg, avi), and picture files (e.g., gif, jpeg). Programs such as BitTorrent, KaZaA, Gnutella, and others configure computers to serve the files that are downloaded. Because there are legitimate academic, research, and personal uses of P2P file sharing applications, Tulane does not ban them from its network. However, the University recognizes that most P2P activity consists of copying music and video files for personal enjoyment, often violating Copyright law and/or using a disproportionate amount of network resources. Therefore, before participating in any P2P file sharing activity, users of University computing and electronic communication resources should ensure that such activity is in compliance with this Regulation and other related University policies. II. Legal issues a. What you CAN do The Digital Millennium Copyright Act (1998), DMCA, seeks to protect copyright holders from the technological circumvention of previous copyright statues. In 1976 the concept of "Fair Use" was added to the existing copyright clause of the US Constitution. Fair use is not defined in the constitution, it was decided in the courts. There are, however, Supreme Court decisions that have defined fair use based on other cases that can reasonably be interpreted to mean the following:
b. What you CANNOT do Distributing, uploading, downloading, and transmitting music and movies without the consent of the copyright owner is illegal. The same way software vendors (such as Microsoft) actively seek out and prosecute unauthorized use of their software, the music and movie industries have begun to seek out computer systems and individuals who upload, download, and transmit music and movies in digital formats without authorization. While it is unlikely that you would be criminally prosecuted for downloading a single song, it is illegal. A more likely scenario would be that your peer-to-peer software was by default sharing all the MP3s stored on your computer. Regardless of your knowledge or intent to do this, it is still a crime and the music and movie industries are seeking out and prosecuting offenders. As a university student, you are particularly vulnerable to the watchful eyes of the RIAA (Recording Industry Association of America) and the MPAA (Motion Picture Association of America). Copyright holders contact Tulane on a regular basis demanding that the illegal distribution of their material be stopped. Please be aware of the consequences of your actions. III. Network Performance Peer-to-peer file sharing programs significantly degrade the speed of the network and of your computer processor. If your neighbor (or your computer) is acting as a file server and sharing DVDs and MP3s, your network speed will substantially diminish. Please be aware that the network belongs to Tulane and we will do what is necessary to ensure that we have the proper resources available for the appropriate academic pursuits. As a user of Tulane network, you are obliged to follow certain policies, one of which is the Responsible Use of Bandwidth. IV. Security Popular peer-to-peer file sharing programs, such as KaZaA and Morpheus, contain spyware that can record computer usage, deliver advertising and other unsolicited files, and allow others access to your files and resources. You are also vulnerable to Trojan horses and other malicious code every time you download a file, putting your personal and private data at risk. V. Policy Use of peer-to-peer applications in violation of the law, University policies, or in ways that interfere with the University’s network integrity or security is prohibited. Use of peer-to-peer applications for legitimate academic or research purposes, or for a personal purpose that does not violate the law or University policy, is permitted and, when possible, should be communicated to Technology Services (TS). Such communication will help to ensure that TS security measures employed to control impermissible uses will not interfere with those consistent with University policies. VI. Sanctions As part of a proactive approach to peer-to-peer and digital copyright issues, Tulane has implemented a new technology called CopySense, by Audible Magic Corp which can identify and block illegal sharing of copyrighted files while allowing other legitimate peer-to-peer uses to continue. CopySense filters copyrighted peer-to-peer content by sensing an electronic fingerprint unique to the content itself, which is very similar to the way virus filters operate. When it finds a computer is using the software to obtain copyrighted material in violation of the DMCA, the computer network access will be suspended without notice. Penalties for violators may include:
If Technology Services is contacted by a copyright holder and notified that a certain IP address is distributing copyrighted material without their consent, we will also block that IP from connecting to the network while we investigate the matter.
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