Annual Report for the HEOA Compliance Program (2020-2021)

HEOA Annual Report: Peer-to-Peer Illegal File Sharing Compliance Program, 2020-2021 Academic Year 

Publication Date: September 14, 2021

Table of Contents

  1. Executive Summary
  2. Key Accomplishments
  3. Continuing Actions
  4. Recommendations
  5. Policies and Regulations
  6. References
  7. Contacts
  8. HEOA Committee Members

1. Executive Summary

The HEOA Committee promotes compliance with the Higher Education Opportunity Act (HEOA) through actions and activities to address illegal peer-to-peer (P2P) file sharing and copyright infringement. These efforts include distribution of annual disclosures to students and employees about institutional policies and consequences for copyright infringement, implementing plans and developing educational materials to raise the university community’s awareness of copyright issues, prompt response to DMCA notifications, and maintenance of a centralized Web page on P2P file-sharing information.

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2. Key Accomplishments

NC State accomplished the following during the 2020-2021 academic year:

Community Education

OIT reviewed and revised the content of its educational campaign for the 2020-2021 academic year. The educational campaign included the following elements:

Annual Disclosure

The university disclosed its position on illegal peer-to-peer file sharing by distributing three links to content:

These notices address the risks and potential consequences of illegal file sharing, including the risks involved for students, faculty, and staff, and the penalties for engaging in illegal file-sharing. NC State intentionally distributed these documents later in the Fall after students had received the influx of information associated with the start of the academic year.

Technology-Based Deterrents

OIT continued to respond to incoming DMCA notifications. OIT continued to monitor the number of DMCA notifications received. The number of DMCA notifications received decreased dramatically as a result of the implementation of wireless network address translation (NAT) and COVID-19.

Offering Alternatives

The Office of Information Technology made available on its website a list of EDUCAUSE’s Legal Sources of Online Content.

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3. Continuing Actions

During the 2021-2022 academic year, NC State will continue to refine its workflow for reviewing and processing DMCA notifications that stem from activity on the campus network. Further, NC State will continue to enhance training for students, faculty, and staff to educate them about the concept of illegal peer-to-peer file sharing and its consequences, in order to reduce the rate of potential infringements.

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4. Recommendations

NC State should continue to improve targeted awareness campaigns concerning DMCA violations by continuously analyzing collected data on trends. NC State should continue to investigate technologies that improve identification of potential infringements and enhance compliance.

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5. Policies and Regulations

NC State POL 08.00.01 – Computer Use Policy
NC State POL 11.35.01 – Code of Student Conduct
NC State REG 01.25.02 – Copyright Infringement – Policy Statement
NC State REG 01.25.03 – Copyright Regulation
NC State REG 08.00.02 – Computer Use Regulation

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6. References

NC State OIT FAQs for Peer-to-Peer Transfers and Copyright Protections at NC State University
NC State OIT Peer-to-Peer (P2P) File Sharing
NC State Information Security Program
NC State Copyright Information including Provost’s Letter to Students on Illegal P2P File Sharing
EDUCAUSE Higher Education and Opportunities Act and P2P website
EDUCAUSE 7 Things You Should Know about P2P
U.S. Copyright Office Law and Regulations
>U.S. Copyright Office Summary of the DMCA
U.S. Department of Education Higher Education Opportunity Act – 2008

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7. Contacts

For matters concerning copyright law:

Shawn Troxler, Associate General Counsel – Office of General Counsel

For DMCA copyright issues:

Damon Armour, Director, Security & Compliance, University DMCA Copyright Agent – Office of Information Technology

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8. HEOA Committee Members

Dr. Marc Hoit, Vice Chancellor for Information Technology and CIO – Office of Information Technology
Mardecia Bell, Chief Information Security Officer – Office of Information Technology
Greg Sparks, Assistant Vice Chancellor, Communication Technologies – Office of Information Technology
Danny Davis, Assistant Vice Chancellor, Technology Support Services – Office of Information Technology
Keith Medlin, Director, DASA Technology Services – Division of Academic and Student Affairs
Jessica White, Associate Director, Office of Student Conduct – Division of Academic and Student Affairs
Damon Armour, Director, S&C Information Security Risk & Assurance, University DMCA Copyright Agent – Office of Information Technology
Sarah Noell, Associate Director, Outreach, Communications & Consulting – Office of Information Technology
Michael Jung, Associate General Counsel – Office of General Counsel
Dan O’Brien, Assistant Director, Employee Relations – University Human Resources
Kristen Meeks, Chief Compliance, Enterprise Risk Management and Ethics Officer – Office of General Counsel

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