Digital Millenium Copyright Act

Upon completion of traffic analysis verifying the IP address was generating traffic from UCR at the time of the infringement, the results are documented. The network address (the IP address) is checked to determine if it belongs to a campus faculty/staff, student on campus or residence hall student. Below is a description of the actions upon determination of infringer (student/faculty/staff):

Campus Faculty/Staff Computers (non-residence hall)

If the network address in question belongs to a campus (non-residence hall) computer, access to the Internet is disconnected or appropriate departmental support staff are notified to perform the disconnection (please note that prior to the disconnection C&C has already determined that the complaint was a result of verifiable network traffic). Disconnection notices are sent to C&C's Microcomputer Support Group (MSG), Network Operations Group, and other C&C staff. After disconnection, MSG attempts to contact the impacted individual. Once contacted, the individual is asked if he/she has copyrighted material on their computer and whether or not it was obtained via a purchase (that is, whether or not it is a legal copy of the copyrighted material).

If the computer owner indicates no knowledge of any downloads or the presence of copyrighted material on his/her computer, the following steps occur:

• The MSG HELPDESK (x-23555) is contacted to arrange an analysis of the system to identify files noted in the DMCA complaint.

• MSG then determines if system is compromised (e.g. Spyware, Virus, etc.).

• MSG removes the files and remediates any problems on the system.

If the user indicates knowledge of the copyrighted material on his/her computer without a purchase:

• An e-mail is sent to the user containing a copy of the DMCA violation complaint.
• The e-mail instructs the computer owner to remove all copyrighted materials.
• The e-mail inquires if backup copies of the materials have been made or if they have been shared with others. If so, the individual is instructed to destroy backup copies and contact anyone else who might have obtained the copyrighted materials from the computer in question and request that these materials be removed as well.
• The computer user is instructed to remove the peer-to-peer file sharing software to prevent a future reoccurrence.
• Finally, a NOTICE OF COMPUTER MISUSE form is provided to the user. Once the form is completed (stating that all copyrighted materials have been removed, etc.) and returned to C&C, Internet access is restored.

Documentation:

The following list describes the documentation C&C retains as a result of DMCA Complaints relating to a Campus (non-residence hall) staff or faculty Computer:

• All verbal/written activities are documented.
• Copies of all written (electronic or otherwise) correspondence are maintained for three years.

Campus Student Computers (non-residence hall)

If the network address in question belongs to a student computer on campus (non-residence hall), access to the Internet is disconnected or appropriate departmental support staff are notified to perform the disconnection (please note that prior to the disconnection C&C has already determined that the complaint was a result of verifiable network traffic). Disconnection notices are sent to C&C's Microcomputer Support Group (MSG), Network Operations Group, and other C&C staff.

Violations of UCR student computing policies, including the DMCA, also constitute a violation of the University of California Policies Applying to Campus Activities, Organizations, and Students, including but not limited to:

102.04
Theft, conversion, destruction, or damage to property Theft of, conversion of, destruction of, or damage to any property of the University, or any property of others while on University premises, or possession of any property when the student had knowledge or reasonably should have had knowledge that it was stolen.

102.05
Theft or abuse of University computers and other University electronic resources Theft or abuse of University computers and other University electronic resources such as computer and electronic communications facilities, systems, and services. Abuses include (but are not limited to) unauthorized entry, use, transfer, or tampering with the communications of others, and interference with the work of others and with the operation of computer and electronic communications facilities, systems, and services.
Use of University computer and electronic communications facilities, systems, or services that violates other University policies or campus regulations.

Therefore, documentation of the complaint, along with the student user identity, is forwarded to Student Conduct & Academic Integrity Programs (SCAIP). SCAIP will then engage the student user in the student conduct process (see http://conduct.ucr.edu) to determine if student did in fact violate campus computing policies. If the student is found responsible for the violation(s), s/he will be assigned appropriate sanctions.

SCAIP will consult with C&C in addressing technical aspects of the incident. SCAIP will notify C&C of their findings via email.

In concurrence of or upon resolution of the case by SCAIP, C&C will engage in the following actions with the student user:

If the computer user indicates no knowledge of any downloads or the presence of illegal copyrighted material on his/her computer, the following steps occur:

• The system is analyzed to identify files noted in the DMCA complaint.
• Student support staff determines if system is compromised (e.g. Spyware, Virus, etc.).
• Student support staff removes the files and remediates any problems on the system.

If the user indicates knowledge of the copyrighted material on his/her computer without a purchase:

• An e-mail is sent to the user containing a copy of the DMCA violation complaint.
• The e-mail instructs the computer owner to remove all copyrighted materials.
• The e-mail inquires if backup copies of the materials have been made or if they have been shared with others. If so, the individual is instructed to destroy backup copies and contact anyone else who might have obtained the copyrighted materials from the computer in question and request that these materials be removed as well.
• The computer user is instructed to remove the peer-to-peer file sharing software to prevent a future reoccurrence.
• Once the user has removed all copyrighted materials, SCAIP will notify the DMCA agent the user has removed all copies, been educated, and Internet access is restored.

Documentation:

• Student Conduct & Academic Integrity Programs maintains student conduct records for seven (7) years from the date of the resolution of the case, per campus policy.

• C&C will maintain records (written, electronic, or otherwise) related to the incident(s) for a period of three (3) years.

Residence Hall Computers (students)

If the network address in questions belongs to a residence hall student's computer, C&C sends an e-mail to dmca@resnet.ucr.edu.

Using a combination of automated systems and face-to-face meetings, the following actions take place after a C&C e-mail is send to the aforementioned address:

• Data in the e-mail is automatically placed into a Residence Hall network management database.

• The user in question is disconnected from the Internet, but is still permitted access to the campus network so that on-line instructional activities may continue.

• An e-mail is sent to the student notifying him/her of the DMCA complaint and that Internet access has been temporarily suspended. The e-mail instructs the student to contact the Assistant Director for Residence Life - Judicial Affairs to discuss the complaint. Whenever a student attempts to visit an off-campus Internet site, he/she is presented a web page reminding the student of the complaint and the requirement to visit Assistant Director for Residence Life, Judicial Affairs.

• After the student has made contact with the Assistant Director for Residence Life, Judicial, the Residence Hall network management database is updated. The student signs a statement (including an acceptable use clause) and agrees to the following: to delete copyrighted materials noted in the complaint; to review DMCA and copyright information available at UC/UCR websites; and to not engage in additional illegal file sharing. The student further signs an acceptable use policy.

• The Assistant Director for Residence Life - Judicial sends a letter the student summarizing their conversation/meeting and recaps the steps that have been / will be taken to resolve the complaint. Students who incur two or more violations may also be placed on probation, receive educational sanctioning and/or other consequences.

• Copies of all letters, meeting notes, and e-mails are placed in the student's conduct file in Housing Services.

• After the aforementioned actions, the student is reconnected to the Internet as follows:
  • 1st violation - internet connect is disabled for a minimum of three days, user agreement must be signed before student account is reconnected
  • 2nd violation - internet connect is disabled for a minimum of thirty days, user agreement must be signed before student account is reconnected
  • 3rd violation - internet connect is disabled for a minimum of one academic quarter, use agreement must be signed before student account is reconnected