Information Technology Policies, Procedures, and Guidelines
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Emergency Action Plan Information (EAP)
The following questions were submitted via e-mail concerning the use of campus network resources for high volume activities related to digital music and video files.
Reply: The only action the campus took was to reduce the amount of network traffic available at anyone time for Scour activity. We have taken no action on any other applications for music and video. You can still download music files. We are just asking you to use some restraint so that we can all do the various activities we need to do over the campus Internet service.
Reply: Napster doesn't work like Scour does so we can't set limits. The only choice we had in February for Napster was to block. In the future we may be able to revisit this as our software management tools for the network improve.
Reply: As noted in the email to students, we are working very hard to continue to increase our network performance through hardware and software upgrades and new technology. It is for this reason that we took no further action since February toward downloading and sharing of music and video files. It is only this past week, due to extreme traffic on one application, Scour, that we had to take action to bring network demand under control. And, we used the most conservative strategy possible by choosing to limit rather than block. The ResNet fee is $25 per semester; $50 for two semesters.
Reply: Napster actions were strictly because of bandwidth consumption, and not copyright or content issues. The Digital Millennium Copyright Act, as you noted, does not require an ISP to track copyright issues among its users. We are only required to take action if a recording company, for example, were to find that someone on campus was distributing copyrighted materials and the company or artist contacted us about the issue.
Reply: The campus Appropriate Use Policy for our network and electronic resources, a policy that all users agree to when they accept their ISU Internet accounts, does not permit any one person to excessively use the campus resources to the detriment of other students.
Reply: That is what we hope to accomplish by listing the applications that we are monitoring in order to encourage volunteer rationing or conservative use of music and video files. (Monitoring does not mean individual computer monitoring, by the way. We only monitor overall usage of an application campus wide.) The idea of posting the best times for downloading music files (when network volume is likely to be at a minimum) is a good one and we will start posting this on the web site. At the moment, the hours after midnight until noon each day are good times to use for downloading large files; also, weekends up until early Sunday evening.
Reply: This means that we will set aside only a certain percentage of the total network at any one time that can be used by those doing Scour applications. You will be able to access them at all hours, but only within the amount of network access available. This is sort of like saying that one lane is open to Scour activity on the network; all other lanes are used for other Internet applications.
Reply: This applies to every campus user, students, staff, faculty, on-campus and off-campus users.
Reply: Understanding and volunteer conservation of our resources is the best solution we have to ensuring that our network functions well for all of us. Thanks.
Reply: Like any ISP, there will always be limits to our physical ability to deliver Internet service, no matter how many dollars we spend on the bandwidth issue. We are working very hard at finding new solutions to improve the traffic the campus can handle. That is why we were able to "limit" and not block the Scour application. The is why we replaced a good deal of hardware this past year where our Internet circuits enter the campus to improve the volume we could handle at any one time. By this time next year, we will be several steps up in both network capacity and the sophistication of our software to manage network needs. But, even with that, we will never be ahead of network capacity demands.
Twenty-five dollars ($25) a semester for Internet access in the residence halls, by the way, is only about $5 per month compared to off-campus ISP access which typically runs $20 to 30 per month. Furthermore, this is a direct connection to the Internet; not modem or ADSL access. The University provides funding far beyond what it takes in from ResNet fees, spending over $500K a year for access fees, hardware upgrades, and personnel just to provide Internet service to the campus. This does not include the cost of expanding and maintaining the wiring infrastructure for the campus network.
Reply: Internet connectivity is available to users attached to ISUnet through a pair of circuits provided by two ISPs (Internet Service Providers): Genuity and the ICN (Illinois Century Network). By using both of these circuits, the University can balance the load of Internet traffic between multiple service providers and more reliably survive network outages. The University connects to Genuity using a frame relay circuit. This circuit has a guaranteed rate of 10.5Mb/s and a maximum rate of 21Mb/s if there is capacity within the Genuity frame relay network. Genuity was previously known as GTE Internetwork Services or BBN Planet. The University also connects to the ICN (Illinois Century Network) using an ATM (Asynchronous Transfer Mode) circuit. At this time, this ATM circuit is limited to a maximum of 7.5Mb/s by contract with the ICN. The University also peers with local Internet service providers to allow local networks to exchange traffic without sending it through expensive Internet circuits. The University peers with RMI using an ADSL (Asymmetric Digital Subscriber Line) circuit to provide student apartment complexes with connectivity to ISUnet. This ADSL circuit is limited to a maximum of 1.544Mb/s with a guaranteed rate of service of 768Kb/s in both directions. Although RMI is an ISP for these apartment complexes, RMI is not an ISP for the University.
Reply: Milner Library provided the following response to this question: Uploading copyrighted information is illegal, but the issue of downloading is largely dependent on intent of use. Downloading a limited amount of material for one's personal use can fall within fair use guidelines, especially for educational purposes. Downloading information for further distribution or for profit does not.
There are several sites that offer readable interpretations of copyright law. One of the best is the Copyright Management Center. This site is maintained by Kenny Crews, lawyer and librarian, one of the foremost authorities on copyright law for libraries. Within his site is a good Checklist for Fair Use for determining if a particular activity falls within fair use. Another general site is the Educational Cyber Playground.
While not for the faint of heart, the full text of the current copyright law can be found at Copyright Law of the United States.
The following are additional sites that pertain primarily to music and copyright law: