POLICY NUMBER: IT-014
DIVISION: NET Services
POLICY: Unauthorized Peer-to-Peer File Sharing Policy
ISSUED BY: Chief Information Officer & VP of Student Affairs
Approval Date: August 12, 2011
Approved By: Student Affairs and NET Services
Revision Date: August 12, 2011
Revision Date: February 4, 2013: Modification of procedures
INTRODUCTION
Unauthorized distribution of copyrighted material is illegal and carries substantial civil and criminal
penalties under the Digital Millennium Copyright Act (DMCA) and other laws. Northern State University
respects the intellectual property rights of others and expects students, faculty, and staff to do so as
well. It is the responsibility of all members of the NSU community to make a good faith determination
that their use of copyrighted materials complies with the United States Copyright Law and this policy or
to seek assistance from NSU copyright advisors (Robert Russell and John Romeo).
Northern State University (NSU) prohibits the use of its network to illegally distribute, download or
share copyrighted materials. Proper use of copyright materials also extends to electronic resources
available on the internet. Anyone using NSU computing and network resources consents to the SDBOR
Acceptable Use Policy. For more information on NSU’s policy, visit www.northern.edu/it/pages/p2p.aspx
PURPOSE
The purpose of this policy is to define how NSU will respond to the unauthorized distribution, download
or sharing of copyrighted material using the University's network, including disciplinary action and
penalties for the unauthorized distribution, downloading or sharing of copyrighted material.
SCOPE
This policy applies to all users of the NSU network and information systems.
BACKGROUND
The Higher Education Opportunity Act (HEOA) was signed into law on August 14, 2008. Proposed
regulations for implementing the act were issued by the Department of Education on August 21, 2009.
Enforcement of the HEOA provisions formally started on July 1, 2010, and all colleges and universities
were expected to be in compliance.
Several sections of the HEOA deal with unauthorized file sharing on campus networks. The HEOA
imposes three general requirements on all U.S. colleges and universities.
1. An annual disclosure to students describing copyright law and campus policies related to
violating copyright law must be made available.
2. A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users of
its network, including "the use of one or more technology-based deterrents" must be in place
and active.
3. Institutions must have in place a plan to "offer an alternative(s) to illegal downloading."
DEFINITIONS
 Peer-to-peer (P2P) file sharing programs are useful tools for exchanging data at high speeds.
Due to this attribute, P2P programs are also the primary method for illegally sharing copyrighted
material such as movies, music, television shows, and video games.
 Users of P2P programs should be aware that these programs are often designed to search the
contents of a user's hard drive and share files such as movies and music without explicit notice
to or permission from the user.
 NSU may receive notices from outside groups (like those affiliated with the recording industry
such as RIAA and MPAA) that University network users are engaging in unauthorized file sharing
in violation of the DMCA (a "DMCA notice").
 When the University receives a DMCA notice, it has a legal obligation to provide the user with a
copy of the notice and to act to stop unauthorized file sharing on the University's network.
o For more information on the DMCA and its use, see:
http://www.educause.edu/resources/Browse/DMCA/31236.
 DMCA notices may relate to a user's possession and sharing of copyrighted material obtained
through unauthorized file sharing, or a user's unauthorized sharing of copyrighted material that
the user legally owns.
 A user who receives a DMCA notice related to material obtained without legal authorization
must delete the material from the user's computer.
 A user who receives a DMCA notice related to sharing legally owned material must cease sharing
the material. Users may also be required to delete P2P programs from the user's computer as
well.
PROCEDURES
1. Upon receipt of a DMCA notice, the NSU IT Security Officer will verify that the user named in the
DMCA notice has likely engaged in unauthorized illegal downloading, unauthorized access or
distribution, or P2P file sharing and forward the information to the Judicial Affairs office and the
HEOA File Sharing Report Form to the Director of Technical Services.
2. The Judicial Affairs Officer will then inform the student who has allegedly violated policy/law
that they are required to bring all computing devices to NET Services (Tech Services) for
inspection within two business days.
3. NET Services (Tech Services) will complete the HEOA File Sharing Report Form and submit to the
Judicial Affairs office. Note: Any file sharing/bit-torrent that is known to enable and/or support
illegal file-sharing will be removed from the student computing device.
4. If, upon inspection of computing devices, the student is found guilty of a policy violation, the
following judicial sanction (s) will be mandated and enforced by Judicial Affairs:
1. For a user's first offense:
a. The student receives a $25.00 fine and is required to complete an online copyright
infringement training course within 2 weeks of contact by the Judicial Affairs office.
b. Network access from the identified computer may be revoked if any of the conditions
are not met.
2. For a user's second offense:
a. The student receives a $100.00 fine and their network access is immediately revoked.
b. After meeting with the Judicial Affairs Officer, the student will receive a 7 day
suspension of network access from the identified computer.
3. For a user's third offense:
a. The student receives a $200.00 fine and their network access is immediately revoked.
b. After meeting with the Judicial Affairs Officer, the student may receive a permanent
revocation of network access from the identified computer.
NOTE: Failure to comply with any of the above requirements may result in further disciplinary action.
For additional information you can view the NSU Student Handbook via
http://www.northern.edu/Student_Life/Student_Handbook/Pages/default.aspx
REVIEW CYCLE
This policy will be reviewed on an annual basis by NET Services, Student Affairs and Human Resources.
Review dates will be maintained at the close of this document.
REVIEW DATES
 August 12, 2011: Initial review and approval;
 September 25, 2012: Review and updates;
 February 4, 2012: Review and modifications of procedures;