Thursday, August 14, 2008
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Memo on P2P Provisions in the Higher Education Act
Subject: EDUCAUSE Memo on P2P Provisions in the Higher Education Act
Reply-To: Steve Worona <sworona@EDUCAUSE.EDU>

Dear Colleagues:

Congress recently passed H.R. 4137, the Higher Education Opportunity 
Act, a massive piece of legislation to reauthorize the Higher 
Education Act that the President will soon sign into law.

This legislation imposes an array of new federal regulatory and 
reporting requirements for colleges and universities. Two of these 
provisions are designed to reduce illegal uploading and downloading of 
copyrighted works through peer-to-peer (P2P) file sharing on campus 
networks. These and many other provisions of the Act go into effect 
when the President signs the bill. Institutions must take their 
obligations under the Act seriously and make a good faith effort to 
comply--as they would with any new federal law. But the law is unclear 
in certain respects, and ambiguities will need to be clarified through 
the regulatory process.

EDUCAUSE, along with ACE, AAU, and NASULGC, have prepared a memo 
summarizing what the law will require, what happens next, and what you 
should do now. The memo also includes the relevant portions of the 
Act, as well as the report language that accompanies and clarifies the 
law. That memo is posted at
<http://net.educause.edu/ir/library/pdf/epo0815.pdf >



As noted in the memo, the Department of Education will hold a series 
of regional meetings to hear comments on how the new law should be 
implemented in regulations. EDUCAUSE will track this process and will 
call on interested member institutions to play an appropriate role in 
these regional meetings.

All comments and questions are welcome.

Sincerely,

Mark Luker
Vice President
EDUCAUSE

Educause Policy

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