NPRM Released! P2P Regulations Consistent with Rulemaking Team’s Agreed Language

The U.S. Department of Education published the latest notice of proposed rulemaking (NPRM) relating to the Higher Education Opportunity Act (HEOA) today.  This particular NPRM, which is featured in the Federal Register, addresses the P2P (peer-to-peer) provisions, among other issues in the HEOA.  The HEOA specifically states that campuses must notify students annually about copyright law and campus policies related to it.  Additionally, the law requires colleges and universities to develop a plan to “effectively combat” copyright infringement using a “variety of technology-based deterrents” and agree to offer alternatives to illegal downloading. 

In order to provide clarity on the law, the Department of Education assembled a number of negotiated rulemaking teams, who were charged with developing regulatory language.  In the case of P2P regulations, stakeholders from the higher education and entertainment communities were represented on a team. With much discussion and compromise, the interested parties came to an agreement on regulatory language suitable for accompanying the law.  A quick look at the language released today reveals that it is consistent with what team members agreed to before submitting their final product to the Department.  A more detailed analysis from EDUCAUSE is expected early next week. 

Public comments on the NPRM are due on September 21, 2009.  For more information on this, please reference Steve Worona’s post.