In the two years that Comput-ing and Information Services has been tracking illegal downloading on campus, it has sent notices to anywhere between 700 and 800 students asking them to "cease and desist" activity classified as copyright infringement, according to Connie Sadler, director of information technology security.
With so many students taking part in illegal downloading of copyrighted materials such as songs and movies, the University most confront the question of how to discipline offenders. The consequence of illegal downloading is "not just a simple slap on the wrist," Sadler said. Although cover 700 students have received initial warning letters, only a handful have committed repeat offenses. "Less than 10 cases have resulted in actual dean's hearings," Sadler said, adding that she believes this indicates that current policies are effective deterrents.
Ellen Waite-Franzen, vice president for CIS, said that her office is the first to be notified when an IP address on the campus network is tagged for illegal downloading by a company whose copyright has been violated. "We don't play a disciplinary role; we are the intermediary," Waite-Franzen said. CIS notifies students when complaints are logged against them and, in the case of repeat offenses, notifies deans so that appropriate action may be taken.
The Digital Millennium Copyright Act doesn't hold the University responsible for infractions that take place on its network so long as CIS sends warning letters to students asking them to remove illegal material from their computers, according to Waite-Franzen. In certain cases, CIS revokes student Internet privileges until problems have been corrected.
Although most illegal downloading offenses are handled by CIS before disciplinary action must be taken, deans are available to reprimand repeat offenders. "There's not much leeway," said Associate Dean of Judicial Affairs Terry Addison, when asked if all second-time violations resulted in such action. "I would advise students not to wait for a second letter."
Addison said that as stricter rules are implemented, students will realize that copyright infringement is no light affair. "It's no joke about the industry going after people," he said. "As the industry is tightening up, colleges are tightening up."
According to Addison, punishment from dean's hearings can be as severe as a four-month removal from the school network or a $15,000 fine. Dean's hearings are also kept on file, and graduate schools and employers can request to see the University's records.
In September an unidentified upperclassman sent a cautionary e-mail to students as part of his punishment for illegally downloading an episode of "Entourage." The infraction was the student's second and resulted in a dean's hearing.
"Thankfully, by offering to write this e-mail to all of you I avoided further punishment or probation - but my record remains tainted," the e-mail read. "Most of you, like me, were totally unaware of the consequences until now."
Last spring, four Brown students were subpoenaed for illegal downloading, although CIS has not received any updates on the cases' progress.
