7 Things You Should Know About the P2P Provisions of the HEOA

Abstract

The Higher Education Opportunity Act (HEOA) includes a number of provisions that require colleges and universities to take specific actions to limit the unauthorized distribution of copyrighted material on their networks. These provisions do not alter copyright law, but they codify certain activities that are believed will help limit infringing activity. The regulations require institutions of higher education to make specific disclosures to students about copyright law and the consequences of violating it; write and implement a plan to combat infringement using one or more technology deterrents; and offer alternatives to illegal downloading. The language of the regulations allows considerable flexibility in how each campus meets compliance, and this same flexibility can lead to misunderstandings about exactly what is required. Though these P2P provisions only apply to colleges and universities, some have proposed extending them to all network providers, including commercial ISPs.