HEOA Compliance Policy

Higher Education Opportunity Act (HEOA)

Linfield Peer-to-Peer File Sharing Requirements

H.R 4137, the Higher Education Opportunity Act (HEOA), is a reauthorization of the Higher Education Act. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:

• Institutions make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and punish illegal distribution of copyrighted materials.
• Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyrighted material.
• Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.
• Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.

Annual Disclosure

Consistent with our educational principles, we view education as the most important element in combating illegal sharing of copyrighted materials at Linfield. We use a wide variety of methods to inform our community about the law and Linfield’s response to copyright infringement claims:

• In order to use university computing resources, all members of the Linfield Community will endorse a Computer User Agreement that includes a section on copyright compliance.
• Posters are mounted in student computer labs and elsewhere to discourage illegal file sharing.
• Computing support staff, including student Help Desk workers, are regularly trained on the University position with respect to copyright issues.
• Linfield's policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on Linfield’s web site.
• Periodically, all University employees will receive email from the President or other officers regarding copyright infringement and related issues.
• Language has been added to the Student Handbook outlining the Digital Millenium Copyright Act.

Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material

We currently employ bandwidth-shaping technology to prioritize network traffic. We limit the amount of bandwidth available to P2P applications but we do not filter such applications since much of the traffic is legal.

If we observe continued high bandwidth consumption we will contact users to ensure that their bandwidth consumption is the result of legal purposes only.

As a member of the Linfield Community, you have many resources to help protect your privacy, your personal computer, and your good standing at Linfield.

Respect for copyright and intellectual property are important aspects of academic integrity. You can learn how to use other people's materials appropriately at the Linfield Libraries Copyright Policy Web site.

Alternatives to Illegal File Sharing

Educause maintains a comprehensive list of Legal Downloading Resources . Members of the Linfield community are encouraged to take advantage of these legitimate sources of digital content.

Reviewing Effectiveness

Compared to our peers, Linfield receives remarkably few (averaging less than two per year) peer to peer file sharing takedown notices. We will continue to monitor these notices to watch for unexpected increases that would require additional measures.