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Hi All,

Polling to see how other campuses are handling DMCA take down notices. Ours has risen to a level current process is not working efficiently. We are hearing some universities are:

1) Ignoring notices from copyright holders

2) Outright blocking of file sharing as "95% are used for nefarious purposes"

Interested to see how other institutions are addressing.

Thanks

Ed

 

 

Ed Hudson, CISM
Information Security Office
California State University, Chico
http://www.csuchico.edu/isec/index.shtml
Office: (530) 898-6307
ewhudson@csuchico.edu

 

 

Comments

Just curious, what is your campus' stance on the HEOA requirements?

On 11/28/2011 6:48 PM, Hudson, Edward wrote:

Hi All,

Polling to see how other campuses are handling DMCA take down notices. Ours has risen to a level current process is not working efficiently. We are hearing some universities are:

1) Ignoring notices from copyright holders

2) Outright blocking of file sharing as "95% are used for nefarious purposes"

Interested to see how other institutions are addressing.

Thanks

Ed

 

 

Ed Hudson, CISM
Information Security Office
California State University, Chico
http://www.csuchico.edu/isec/index.shtml
Office: (530) 898-6307
ewhudson@csuchico.edu

 

 

There is a new peer-to-peer video file sharing application out there that is making it through most firewalls so notices have kicked up significantly.   The application is called Vuze and although it is a bittorrent application most firewalls do not stop it.   If you want more details, email me privately and I will have you speak to my technical staff.

Julie

Julie Ouska
CIO/VP, Information Technology
Colorado Community College System
(720) 858-2781
julie.ouska@cccs.edu

From: Dave Koontz <dkoontz@MBC.EDU>
Reply-To: The EDUCAUSE Security Constituent Group Listserv <SECURITY@LISTSERV.EDUCAUSE.EDU>
Date: Mon, 28 Nov 2011 17:10:28 -0700
To: "SECURITY@LISTSERV.EDUCAUSE.EDU" <SECURITY@LISTSERV.EDUCAUSE.EDU>
Subject: Re: [SECURITY] DMCA

Just curious, what is your campus' stance on the HEOA requirements?

On 11/28/2011 6:48 PM, Hudson, Edward wrote:

Hi All,

Polling to see how other campuses are handling DMCA take down notices. Ours has risen to a level current process is not working efficiently. We are hearing some universities are:

1) Ignoring notices from copyright holders

2) Outright blocking of file sharing as "95% are used for nefarious purposes"

Interested to see how other institutions are addressing.

Thanks

Ed

 

 

Ed Hudson, CISM
Information Security Office
California State University, Chico
http://www.csuchico.edu/isec/index.shtml
Office: (530) 898-6307
ewhudson@csuchico.edu

 

 

We use a fully automated system to process 100% of incoming notices Joel --On Monday, November 28, 2011 3:48 PM -0800 "Hudson, Edward" wrote: > Hi All, > Polling to see how other campuses are handling DMCA take down notices. Ours has risen to a level current process is not working efficiently. We are hearing > some universities are: 1) Ignoring notices from copyright holders > 2) Outright blocking of file sharing as "95% are used for nefarious purposes" > Interested to see how other institutions are addressing. > Thanks > Ed > > > Ed Hudson, CISM > Information Security Office > California State University, Chico > http://www.csuchico.edu/isec/index.shtml > Office: (530) 898-6307 > ewhudson@csuchico.edu > > Joel Rosenblatt, Manager Network & Computer Security Columbia Information Security Office (CISO) Columbia University, 612 W 115th Street, NY, NY 10025 / 212 854 3033 http://www.columbia.edu/~joel Public PGP key http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x90BD740BCC7326C3
Ed,

We block P2P traffic.  When we identify a new P2P application being used by a student we block their access to the network and require them to call and set up an appointment with our CIO before their access is restored. That application is then added to the default blocking list  This may seem a bit harsh but it has resulted in only 2 notices sent to us so far this year.  We will allow legitimate P2P traffic and so far the only P2P traffic allowed is for those using games that require P2P for updates etc.  We have yet to have anyone come forward with a legitimate educational use for P2P.   I am sure those applications exist, but we have not encountered them so far.   This brings up a second part to this question....what, if any, legitimate P2P applications have been identified being used on college campuses?

_________________
Brian L Cox
Information Technology Services
Assistant Director of Network Services
University of Nebraska Kearney
(308)865-8176




From:        "Hudson, Edward" <ewhudson@CSUCHICO.EDU>
To:        SECURITY@LISTSERV.EDUCAUSE.EDU
Date:        11/28/2011 05:47 PM
Subject:        [SECURITY] DMCA
Sent by:        The EDUCAUSE Security Constituent Group Listserv <SECURITY@LISTSERV.EDUCAUSE.EDU>



Hi All,
Polling to see how other campuses are handling DMCA take down notices. Ours has risen to a level current process is not working efficiently. We are hearing some universities are:
1) Ignoring notices from copyright holders
2) Outright blocking of file sharing as "95% are used for nefarious purposes"
Interested to see how other institutions are addressing.
Thanks
Ed
 
 
Ed Hudson, CISM
Information Security Office
California State University, Chico
http://www.csuchico.edu/isec/index.shtml
Office: (530) 898-6307
ewhudson@csuchico.edu
 
 
We suspend network access for the reportedly infringing IP. Restores are handled by appropriate staff based on affiliation. Student Life, for example makes decisions on when a student machine is restored. We currently default to a 45 day suspension, but it is almost always much shorter for the rare cases of staff or faculty machines. We process these "by hand", but using a system that automates the network suspend/restore actions, and automatically sends email. John On 11/28/2011 6:48 PM, Hudson, Edward wrote: > Hi All, > > Polling to see how other campuses are handling DMCA take down notices. > Ours has risen to a level current process is not working efficiently. We > are hearing some universities are: > > 1) Ignoring notices from copyright holders > > 2) Outright blocking of file sharing as "95% are used for nefarious > purposes" > > Interested to see how other institutions are addressing. > > Thanks > > Ed > > Ed Hudson, CISM > Information Security Office > California State University, Chico > http://www.csuchico.edu/isec/index.shtml > Office: (530) 898-6307 > ewhudson@csuchico.edu > -- John K. Lerchey Incident Response Coordinator Information Security Office Carnegie Mellon University
Used by our students Linux download, Skype See THINGS YOU SHOULD KNOW ABOUT… P2P Planet Scale Software Updates My 2 cents Joel --On Tuesday, November 29, 2011 8:04 AM -0600 Brian L Cox wrote: > Ed, > > We block P2P traffic. When we identify a new P2P application being used > by a student we block their access to the network and require them to call > and set up an appointment with our CIO before their access is restored. > That application is then added to the default blocking list This may seem > a bit harsh but it has resulted in only 2 notices sent to us so far this > year. We will allow legitimate P2P traffic and so far the only P2P > traffic allowed is for those using games that require P2P for updates etc. > We have yet to have anyone come forward with a legitimate educational use > for P2P. I am sure those applications exist, but we have not encountered > them so far. This brings up a second part to this question....what, if > any, legitimate P2P applications have been identified being used on > college campuses? > > _________________ > Brian L Cox > Information Technology Services > Assistant Director of Network Services > University of Nebraska Kearney > (308)865-8176 > > > > > From: "Hudson, Edward" > To: SECURITY@LISTSERV.EDUCAUSE.EDU > Date: 11/28/2011 05:47 PM > Subject: [SECURITY] DMCA > Sent by: The EDUCAUSE Security Constituent Group Listserv > > > > > Hi All, > Polling to see how other campuses are handling DMCA take down notices. > Ours has risen to a level current process is not working efficiently. We > are hearing some universities are: > 1) Ignoring notices from copyright holders > 2) Outright blocking of file sharing as "95% are used for nefarious > purposes" > Interested to see how other institutions are addressing. > Thanks > Ed > > > Ed Hudson, CISM > Information Security Office > California State University, Chico > http://www.csuchico.edu/isec/index.shtml > Office: (530) 898-6307 > ewhudson@csuchico.edu > > Joel Rosenblatt, Manager Network & Computer Security Columbia Information Security Office (CISO) Columbia University, 612 W 115th Street, NY, NY 10025 / 212 854 3033 http://www.columbia.edu/~joel Public PGP key http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x90BD740BCC7326C3
The World of Warcraft updater uses BitTorrent to help distribute their patches. Maybe not legitimate from an academic standpoint, but virtually essential if you ask people in Residential Life. --Kevin Kevin Hayes Lead Systems Security Specialist C&IT - Network Engineering and Security Wayne State University 313-577-3454 krhayes@wayne.edu <<< C&IT Staff will never, never, NEVER ask you for your password! Please keep your computer and accounts safe - pass on the message!>>> On 11/29/2011 9:32 AM, Joel Rosenblatt wrote: > Used by our students > > Linux download, Skype > > See THINGS YOU > SHOULD KNOW ABOUT… P2P > > > Planet Scale Software Updates > > My 2 cents > Joel > > > --On Tuesday, November 29, 2011 8:04 AM -0600 Brian L Cox > wrote: > >> Ed, >> >> We block P2P traffic. When we identify a new P2P application being used >> by a student we block their access to the network and require them to >> call >> and set up an appointment with our CIO before their access is restored. >> That application is then added to the default blocking list This may >> seem >> a bit harsh but it has resulted in only 2 notices sent to us so far this >> year. We will allow legitimate P2P traffic and so far the only P2P >> traffic allowed is for those using games that require P2P for updates >> etc. >> We have yet to have anyone come forward with a legitimate >> educational use >> for P2P. I am sure those applications exist, but we have not >> encountered >> them so far. This brings up a second part to this question....what, if >> any, legitimate P2P applications have been identified being used on >> college campuses? >> >> _________________ >> Brian L Cox >> Information Technology Services >> Assistant Director of Network Services >> University of Nebraska Kearney >> (308)865-8176 >> >> >> >> >> From: "Hudson, Edward" >> To: SECURITY@LISTSERV.EDUCAUSE.EDU >> Date: 11/28/2011 05:47 PM >> Subject: [SECURITY] DMCA >> Sent by: The EDUCAUSE Security Constituent Group Listserv >> >> >> >> >> Hi All, >> Polling to see how other campuses are handling DMCA take down notices. >> Ours has risen to a level current process is not working efficiently. We >> are hearing some universities are: >> 1) Ignoring notices from copyright holders >> 2) Outright blocking of file sharing as "95% are used for nefarious >> purposes" >> Interested to see how other institutions are addressing. >> Thanks >> Ed >> >> >> Ed Hudson, CISM >> Information Security Office >> California State University, Chico >> http://www.csuchico.edu/isec/index.shtml >> Office: (530) 898-6307 >> ewhudson@csuchico.edu >> >> > > > > Joel Rosenblatt, Manager Network & Computer Security > Columbia Information Security Office (CISO) > Columbia University, 612 W 115th Street, NY, NY 10025 / 212 854 3033 > http://www.columbia.edu/~joel > Public PGP key > http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x90BD740BCC7326C3
Hi Everyone, I just wanted to point out a few DMCA related resources from EDUCAUSE and its members. The first is a general DMCA page, http://www.educause.edu/Resources/Browse/DMCA/31236 But the second item is a FAQ for DMCA Designated Agents at Higher Education Institutions http://www.educause.edu/policy/campus/dmcafaq and this page should be useful to help answer some of your questions. Please let me know if you have any questions, thank you. Colleen Keller Electronic Resources Librarian EDUCAUSE - Uncommon Thinking for the Common Good 4772 Walnut Street, Suite 206 Boulder, CO 80301-2538 Phone (303) 939-0309
There are a number of legitimate reasons for allowing P2P traffic assuming your net has the bandwidth to support it.

1. We're a land-grant edu. Our extension division uses P2P to distribute videos and other material to their customers.
2. I know of some research and teaching units that use P2P to distribute educational material to net users. I'm sure music and technology groups use P2P to distribute their material.
3. There is NO DMCA related reason to prohibit P2P for transmitting music/movie files where copyright permission has been granted. This is my whole complaint with the HEOA and the wholesale banning of P2P. The issue is whether the files being transmitted via P2P are permitted under copyright. My band allows distribution of our music files anywhere on the net. We give explicit permission to do so. I would encourage anyone downloading our material to use P2P. The RIAA (and I'm a member through my band)/MPAA tactic of trying to ban P2P is like saying kill Fedex/UPS/USPS because they allow "illegal" material to be sent by them. It's the files NOT the medium. Will the RIAA/MPAA ban TCP/IP since that is also used to transmit "illegal" files? (sorry for this statement) Yes, it takes some work on our part to determine if the P2P use is legit.
4. Now that I've gotten off my soap box (sorry), yes, we have to adhere to the current laws and regs. However, I'd like to remind everyone that a careful analysis of how P2P is being used needs to be done to avoid a perceived "security" issue from interfering with legitimate business use of a technology. This is sort of like the old "default deny" firewall rule strategy and its pitfalls.

Randy Marchany
CISO
VA Tech IT Security Office & Lab

Message from chris.stoermer@unt.edu

Howdy!

 

My understanding of Microsoft’s Share Point companion, Groove, is that it is mostly a P2P platform.  As to the legitimacy of the product…well, it’s Microsoft, right?

 

--Chris

 

Message from valdis.kletnieks@vt.edu

On Tue, 29 Nov 2011 08:04:34 CST, Brian L Cox said: > We have yet to have anyone come forward with a legitimate educational use > for P2P. I am sure those applications exist, but we have not encountered > them so far. And what standard of proof do they have to meet to count as "legitimate"? Almost every time I hear this sort of thing, it's already been pre-determined that it will be almost impossible for said application to make its case. In fact, I'll go a step further from what Randy said. I hereby challenge every site that currently blocks P2P because they don't see a legitimate educational use to appy *the exact same criteria* to YouTube, and block *that* if it doesn't mee the same criteria. If you don't like P2P because only 1-2% of the traffic is "educational", then you better ban YouTube for *the exact same reasons*. Oh, and wander around youtube for a while, and ask yourself what percent of the clips have a clear and obvious copyright status - so don't use *that* as a anti-P2P either. Then add in the provisions of S.978, which would make it illegal to stream covers of songs, and 95% of the remaining content on YouTube would evaporate as well - http://www.freebieber.org/ Let me know how blocking YouTube works out for you. :) Don't shoot the messenger. P2P isn't the problem. It's not even the bits that are transferred that are the problem. It's what some people think of the status of the bits that are transferred that's the problem.
Our campus Acceptable Use Policy rests on two principles: Comply with applicable law, and don't interfere with others' access. 1. We've found that P2P applications generally, regardless of the legality of the content, try to saturate the user's Internet connection. And since some users are on ports with as much bandwidth as their entire campus has to the Internet (not as many as before our pipe got upgraded, but the next round of access-layer upgrades will boost that number right back...), a user running P2P risks clogging Internet access for the whole rest of the campus. 2. I'm sure that to the makers of WoW, making users "donate" the bandwidth needed to distribute updates, instead of purchasing it themselves, looks like a win. But our bandwidth is heavily subsidized by state taxpayers -- how does this "donation" not qualify as a taxpayer subsidy to what is, after all, a for-profit enterprise? (My understanding is that such subsidies are illegal in California -- other states may have other rules or institutional bandwidth may be funded differently.) 3. My understanding of HEOA (2009) -- I am not a lawyer, and so I welcome correction -- is that Congress "found" (established as a legal fact which should, but needn't, absolutely reflect Reality) that the raison d'
Message from millerj@uakron.edu

David, I believe your response to the blocking of P2P traffic is right on target. Thank you for putting it so well. Jim Miller CISSP,CCSP Lead Network Engineer The University of Akron (330) 972-7958 millerj@uakron.edu
Thank you. We *really* don't want to be in the position of policing content, if at all possible. So being able to say "This traffic doesn't belong here" based on other characteristics avoids a lot of unhelpful arguments. David
Hi David, Re: My understanding of HEOA (2009) -- I am not a lawyer, and so I welcome correction -- is that Congress "found" (established as a legal fact which should, but needn't, absolutely reflect Reality) that the raison d'être of P2P applications and protocols is to violate copyrights, and that therefore access to federal funding would be denied to institutions of higher education that do not take steps to block P2P. I can't find any reference to this (peer to peer protocols should be arbitrarily blocked) in the EDUCAUSE HEOA documentation: http://www.educause.edu/Resources/Browse/HEOA/34600 Do you have a reference for this? Thanks, alex Alex Keller Systems Administrator Academic Technology, San Francisco State University ☛Burk Hall 155 ☎ (415)338-6117 ✉alkeller@sfsu.edu
P2P is always a heated issue, and each school must find their own way.  I think the HEOA provision for technology-based deterrents is the core of the issue for most of us, and certainly the law is not completely clear.  See this vague EduCause clarification on that provision.

  • Clarification that the reference to using "a variety of technology-based deterrents" (to unauthorized file-sharing) means "one or more" such deterrents. The regulatory language does not define "technology-based deterrents", leaving the definition to the four categories specified in the Managers Report:
    1. bandwidth shaping
    2. traffic monitoring to identify the largest bandwidth users
    3. a vigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices
    4. a variety of commercial products designed to reduce or block illegal file sharing

While a Google search pulls a lot of information that seems to contradict each other, this is the best EduCause specific link I could find quickly, which the section above was taken from.

http://www.educause.edu/blog/SLWorona/UpdateonHEOAandP2P/174432

--
Dave Koontz
Mary Baldwin College
Staunton, VA


On 11/29/2011 6:01 PM, Alexander Kurt Keller wrote:
Hi David, Re: My understanding of HEOA (2009) -- I am not a lawyer, and so I welcome correction -- is that Congress "found" (established as a legal fact which should, but needn't, absolutely reflect Reality) that the raison d'être of P2P applications and protocols is to violate copyrights, and that therefore access to federal funding would be denied to institutions of higher education that do not take steps to block P2P. I can't find any reference to this (peer to peer protocols should be arbitrarily blocked) in the EDUCAUSE HEOA documentation: http://www.educause.edu/Resources/Browse/HEOA/34600 Do you have a reference for this? Thanks, alex Alex Keller Systems Administrator Academic Technology, San Francisco State University ☛Burk Hall 155 ☎ (415)338-6117 ✉alkeller@sfsu.edu
I believe point #3 in Dave's note below is our "out". We certainly do #1-3 (listed below) here on our campus. Those actions, I believe, allow us to comply with HEOA and still allow our business processes that want to use P2P to do so. Don't get me wrong about restricting P2P if your bandwidth can't handle the traffic. If you don't have the bandwidth, it makes perfect sense to restrict P2P.

Preventing a business function of the university from using a particular service arbitrarily just makes selling "security practices" to the general university community that much harder. If you can't give a legit reason for restricting a service (bandwidth issues are certainly valid), then you've alienated your user community (the business side of the university).

We need to remember to solve the problem NOT the symptom. The problem is "illegal copyright usage". Today's symptom is P2P. Next year, there'll be a new transfer protocol and we'll still have to deal with "illegal copyright usage".

-Randy Marchany
CISO
VA Tech IT Security Office & Lab

Randy Marchany wrote:
> If you don't have the bandwidth, it makes perfect sense to restrict P2P.
 
The bandwidth argument doesn't necessarily win anymore, either. On our unrestricted [*] network, the top applications as measured by a demo Palo Alto Networks device in tap mode are general web browsing (25%), Netflix (21%), YouTube (19%), and BitTorrent (17%). PAN tells me that these numbers are typical. Total P2P is less than 3% of our inbound traffic, and yes, the PAN box does a very good job at classifying nearly everything. P2P does account for 30-40% of outbound, but we have lots of excess outbound capacity. It's not 1999 anymore, when outbound Napster was a serious threat to university network availability.
 
If your inbound bandwidth is insufficient to support Netflix streaming and YouTube, then yes, you've got to do some triage. But in most parts of the developed world, even in relatively backwards countries like ours, bandwidth is cheaper than a commercial packet shaping appliance. I would start with a stateful default-deny firewall or NAT, which will throttle uploads somewhat, which at least with BitTorrent will tend to reduce download speed due to the "share ratio" calculus.
 
[*] We have no packet shaping, quotas, or significant blockage, but we do send "be aware you're uploading" type notices and handle DMCA complaints, both of which have a measurable impact on traditional "file sharing" abuse.
Hi David,

As with all issues of law, your first phone call should be to your legal counsel. They are often Security's best friend.

I think you have misread the legislation. The institution only needs to "effectively combat the UNAUTHORIZED distribution of copyrighted material". (Emphasis mine)

           
Rand
 
Rand P. Hall
Director, Network Services                 askIT!
Merrimack College
978-837-3532



On Tue, 2011-11-29 at 10:24 -0500, randy marchany wrote: > There are a number of legitimate reasons for allowing P2P traffic > assuming your net has the bandwidth to support it. well, and the routing/number of connections load... > 3. There is NO DMCA related reason to prohibit P2P for transmitting > music/movie files where copyright permission has been granted. This is > my whole complaint with the HEOA and the wholesale banning of P2P. The > issue is whether the files being transmitted via P2P are permitted > under copyright. In point of fact one of the very few times I have used bit torrent was to download a movie whose creator was distributing it solely through p2p. However, these cases are definitely the exception*. And, IMO importantly, p2p is a *slower* and *less efficient* means of transferring files. World of Warcraft provides a seamless http alternative (that is, however, throttled down to sub-dialup speeds). For linux distros I have always advocated using http rather than bit torrent (we have I2 which is *much* faster than our I1 connection). P2P benefits the distributor by allowing them to offload network bandwidth on the downloaders (at the expense of an overall greater load, but, hey, that isn't *their* problem). Downloading with P2P is only faster when you have a lot of sources and asymmetric speeds (swarming) at the expense of enough connections to kill low-end routers. Yes, I pretty much dislike P2P for file sharing. Not for DMCA/copyright reasons, but due to it being inefficient and increasing loads. * Although they may be the exception, and I dislike P2P file sharing, I am of the view that the user shouldn't have to justify "an exception to policy". Doing so presumes guilt -- I'd say that most drivers exceed the speed limit but that doesn't justify giving everyone speeding tickets and making them prove their innocence. If you don't like the analogy then apply any of the other many examples where guilt is not presumed even if the behavior is common. Which is one of the reasons why even though we block P2P file sharing protocols by default we have an automated exception process that is actively used by students. Tim Doty
On Mon, 2011-11-28 at 15:48 -0800, Hudson, Edward wrote: > Hi All, > > Polling to see how other campuses are handling DMCA take down notices. > Ours has risen to a level current process is not working efficiently. > Interested to see how other institutions are addressing. Whatever you do should be based on the needs of the university. Other places may give ideas, but ultimately it needs to fit your situation. We block by default and have an automatic exception process. The blocking is effective, but not 100%. We also have an automated process that analyzes for heavy P2P file sharing traffic and sends daily notices to the user if they have not filed an exception. We get very few DMCA notices and process them by hand. This works for us, but the hardware we use is not cheap and doesn't handle 10G which is going to be an issue for us at some point. If you opt to block P2P be aware that no solution is ever going to be 100%. There is no fundamental reason why http could not be used for P2P (and some do), and regardless encrypted 443 is pretty much universally allowed. Disallowing inbound connections is annoying, but a problem P2P file sharing applications solved a long time ago. So while blocking may be effective for you, don't count on it eliminating notices, much less P2P activity. As for ignoring notices... I'd run that by general counsel. I couldn't see ours ever permitting that, but yours may have a different opinion. Tim Doty
Message from john.ladwig@so.mnscu.edu

One additional nuance to "blocking" P2P via certain technological means is worth mentioning. Our rateshapers have separate policy subclasses for tracker traffic and transfer traffic, for P2P protocols like Bittorrent. If you shape the superclass of Bittorrent down to an unusable level (say, 10kbps), that's still quite enough for the content owners' hired guns to determine that someone on your network is "making available" material which the hired guns believe to be copyrighted. As such, it seems possible to make Bittorrent unusable, and recapture bandwidth, and still not reduce your DMCA notice volume at all. From what I can tell, the hired guns don't even *attempt* transfers, but instead rely on offer advertisements as the basis for their takedown notices. -jml
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