UCR

Digital Millenium Copyright Act



Processing of DMCA Complaints


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).

Faculty/Staff Networks

If the network address in question belongs to a staff or faculty network, C&C will correlate the DMCA incident with the responsible staff or faculty member. Once this correlation has been made, C&C will send this information to the Director of Technology Operations and the Director of Educational Technology and Computing Services who will contact the staff, faculty, or department and send a NOTICE OF COMPUTER MISUSE form. Once the form is completed (stating that all copyrighted materials have been removed, etc.) and returned to C&C, Internet access is restored.

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 HELPDESK (x23555) is contacted to arrange an analysis of the system to identify files noted in the DMCA complaint.

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

  • Helpdesk 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 email is sent to the user containing a copy of the DMCA violation.

  • The email instructs the computer owner to remove all copyrighted materials.

  • The email 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 peertopeer file sharing software to prevent a future recurrence.

  • 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 (nonresidence hall) staff or faculty Computer:

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

Student Networks (Non-Residence)

Wireless

C&C monitors all wireless network traffic for peer-to-peer activity. When a DMCA notification is received, C&C performs an investigation to associate a student with the identifying information contained in the DMCA notification (such as IP address, timestamp, etc). When this correlation has been made, the student's wireless and VPN access are terminated. The next time the student connects to a UCR wireless network, they are presented with a special web page notifying the student that they've received their first DMCA violation (see below).

First Offense

Students will need to read the web page and comply with all listed attestations (by checking the boxes) before their wireless access is restored. Once all the terms and conditions are agreed upon, students are presented with a CAS log in screen to digitally authenticate the acceptance of the terms. Students' Net IDs are saved as proof that they agreed to the terms and conditions.

Violation Web page
Violation Web Page

Once students digitally authenticate, they will be redirected to a second web page (see screen shot below) informing them that their wireless access has been restored and highlighting the agreements. It also includes a link to this DMCA website. Students will receive an email documenting their agreement.

Success Web page
DMCA network access restored
Second Offense

The process for a second offense (an offense that occurs after a student has agreed to the terms and conditions above) is essentially the same as a first offense. Students who receive a second confirmed DMCA violation will be directed to the 2nd offense page instead of being presented with the Access Restored page. Wireless and VPN access will be terminated for the remainder of the academic year.

Second Offense Web page
DMCA second offense

Wired

C&C monitors all wired network traffic for peer-to-peer activity. When C&C receives a DMCA notification for a connection on one of the campus' wired networks, C&C will disable the device's network connection. C&C then notifies the point of contact of the specific network, who traces the network activity to a student. The department can then work with the student to remove the offending content from their workstation and review DMCA policies.

VPN

C&C monitors all VPN network traffic for peer-to-peer activity. When a DMCA notification is received, C&C will confirm the traffic based on the identifying information in the allegation and use this information to trace a VPN session to a particular user. When the user logs into the VPN again, they will be presented with a notification that they are in violation of the UCR DMCA policy. In order to restore VPN access, the user must connect to a campus wireless network, at which point they are presented with the DMCA violation page outlined in the Wireless section above.

Note: Since restoring VPN access requires connecting to a UCR wireless network, a user must be on campus in order to restore access.

VPN

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: restech@ucr.edu, davidd.kyle@ucr.edu

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

  • Data in the e-mail is placed into Advocate Judicial Database. Advocate is our online Conduct database used to track alleged policy violations.
  • The user in question is disconnected from the Internet via Ethernet, but is still permitted access to the campus network e.g. Computer Labs and Campus Libraries so that on-line instructional activities may continue.
  • Housing Conduct will attempt to contact student(s) to inform them of alleged violation. If unable to make contact, an administrative Hold will be placed on the student account.
  • Housing Conduct sends a letter to the student summarizing their conversation/meeting and recaps the steps that have been/will be taken to resolve the complaint. After the student has made contact with the Housing Conduct Office, Advocate is updated. Student should review DMCA and copyright information available at UC/UCR websites http://dmca.ucr.edu/notification.html and not engage in additional illegal file sharing.
  • 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 included in the student's conduct records.
  • After the aforementioned actions, the student is reconnected to the Internet as follows:
    • First Violation: Ethernet suspended for a minimum of 3 days depending on when remediation occurs-via educational phone conversation
    • Second Violation: Ethernet suspended for a minimum of 30 days depending on when remediation occurs-via conduct system adjudication
    • Third Violation: Ethernet suspended for a minimum of 90 days depending on when remediation occurs-via conduct system adjudication

More Information

General Campus Information

University of California, Riverside
900 University Ave.
Riverside, CA 92521
Tel: (951) 827-1012

Career OpportunitiesUCR Libraries
Campus StatusDirections to UCR

DMCA Information

Computing & Communications
Computing & Communications Bldg.

Tel: 951-827-4741
Fax: 951-827-4541
E-mail: dmca@ucr.edu

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