Cyberlaw/Day 5

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University Filtering (group exercise)

  • IT/General Counsel's perspective:
    • What is the minimum legal duty to satisfy the record companies?
    • What technical interventions are possible?
      • (1) Install speed bumps:
        • Block 'bad bits'. Reduce traffic in targeted areas.
        • Block all bits. Result: it takes longer to download/upload the Daily Show.
        • Target 'unusual' activity.
      • (2) Block certain ports altogether.
    • What licensing solutions are possible?
      • Penn State/GW model of charging students ~$10 apiece to set up legal file-sharing networks.
      • Industries like this because they are building a future customer base. Can use music to leverage into other products.
    • Other solutions?
      • Noank / AHRA model.
      • Refuse to turn over information to RIAA.
  • University Professor's perspective:
    • 'Thank you for your letter. We've thought about it.'
    • Worry that imposing these restrictions creates a slippery slope to other kinds of blocks: indecent, seditious, etc. Hard to draw this line between acceptable and anti-free speech blocking.
      • Concern = horizontal portability of tech solutions.
    • Also, blocking an application on a campus might prevent good non-infringing uses from developing.