DMCA Compliance: Adapting Strategies to Hit a

Moving Target

Jeff Gimbel 03-17-2016

DMCA •  The Digital Millennium Copyright Act (DMCA) is a United States copyright

law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).

•  Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

•  The DMCA heightens the penalties for copyright infringement on the Internet.

•  It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.

–  It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself.

DMCA History at NDSU

•  University System CISO designated as the DMCA agent for all the 11 campuses.

•  DMCA agent receives complaint and sends notifications to the designated security officers at each campus.

•  Each campus deals with the copyright violation.

DMCA History at NDSU

•  Very little DMCA violations till 2001 •  Then hundreds •  New Plan

DMCA History at NDSU

•  We go Draconian – Block ALL university services. – Block ALL network access to registered

devices. – Bring offending device to Help Desk to have

Help Desk staff remove files and applications. – 2nd offenses lose all network access for the

rest of their college career at NDSU.

DMCA History at NDSU

•  RIAA goes Draconian – Between 2004 and 2008 the RIAA filed over

30,000 John Doe lawsuits to Internet providers, targeting college campuses and students.

»  BIG BUCKET OF FAIL •  64 million dollars spent on these lawsuits •  1.4 million dollars in settlements

– NDSU received 11 subpoenas and gave up the students names

– Largest fine was $6000

DMCA History at NDSU

•  Winter Break 2012 – Violation received mid Finals week – Process as normal – Lawyered

•  Can we legally take all IT services away •  Can we legally look at violators computers

– DO WE REALLY WANT TO?

DMCA History at NDSU

•  Change from a punitive to an educational priority. –  Still blocking the offenders computer.

•  Gain instant compliance •  Gain near instant attention

–  All services are still available and the students can still work.

–  No longer looking at peoples computers. –  2nd and subsequent offenders are giving to student life

and we will abide by their findings and punishments.

Industry Trends

•  1998 – 2009 – RIAA –  iTunes –  Pandora Radio

•  2008 – 2012 – Software Associations •  2007 – Present – MPAA

–  Netflix –  Hulu Plus –  Sling Box –  One Exception

Results

•  2013 to 2014 – 22 copyright violations •  2014 to 2015 – 20 copyright violations •  2015 to 2016 – 38 copyright violations

– 2 repeat offenders

•  What Happened?

What are we doing? •  A large portion of violators are not from the United States

and are unfamiliar with US Copyright Law. –  A large portion of our International Student Orientation now

mentions US Copyright Law

•  Residence Life implemented a new movie service using Swank for movie distribution in the residence halls for students.

•  Residence Life is also going to be implementing a copyright ad campaign.

•  Copyright information is covered in University 189 classes.