New Campus Policy

New Campus Policy

Illegal Distribution of Copyrighted Materials

De Anza College students are prohibited from using the Foothill-De Anza (FHDA) Community College District’s information network to illegally download or share music, video and all other copyrighted intellectual property. De Anza College supports the Higher Education Opportunity Act and the Digital Millennium Copyright Act including efforts to eliminate the illegal distribution of copyrighted material. Under the law, college administrators may be obligated to provide copyright holders with information about users of the FHDA information network who have violated the law.

Be aware that illegal forms of downloading and file-sharing as well as the unauthorized distribution of copyrighted materials, including unauthorized peer-to-peer file sharing, are violations of the law and may subject you not only to academic sanctions from the college but also criminal and civil penalties, including a lawsuit against you by the Recording Industry Association of America (RIAA). Learn more at www.campusdownloading.com. In addition to being illegal, file sharing drains the FHDA network’s bandwidth, which slows computer connections for students and employees who are using the network for legitimate academic purposes and ultimately costs the college money. The college has developed policies and consequences to ensure that students respect music and other forms of intellectual property as well as make responsible use of the Internet. 

There are plenty of easy, affordable ways to get music online legally. To protect their intellectual property, companies have licensed hundreds of digital partners that offer a range of legal downloading options, including download and subscription services, legitimate peer-to-peer services, video-on-demand, podcasts and CD kiosks. For a list of sources that offer legal downloading sites, access http://www.campusdownloading.com/legal.htm or http://www.educause.edu/Resources/Browse/LegalDownloading/33381.

This administrative procedure implements Board Policy 3250: Procedures Regarding Misuse of Computer Information.

Abuse of computing, networking or information resources contained in or part of the district network may result in the loss of computing privileges. Additionally, abuse can be prosecuted under applicable statutes. Users may be held accountable for their conduct under any applicable district or college policies, procedures, or collective bargaining agreements. Complaints alleging abuse of the district network will be directed to those responsible for taking appropriate disciplinary action. Illegal reproduction of material protected by U.S. Copyright Law is subject to civil damages and criminal penalties including fines and imprisonment.

Examples of behaviors constituting abuse which violate District Board Policy 3250 include, but are not limited to, the following activities:

System Abuse

  • Using a computer account that one is not authorized to use.
  • Obtaining a password for a computer account that one is not authorized to have.
  • Using the district network to gain unauthorized access to any computer systems.
  • Knowingly performing an act which will interfere with the normal operation of computers, terminals, peripherals or networks.
  • Knowingly running or installing on any computer system or network, or giving to another user, a program intended to damage or to place excessive load on a computer system or network. This includes but is not limited to programs known as computer viruses, Trojan horses and worms.
  • Knowingly or carelessly allowing someone else to use your account who engages in any misuse in violation of Board Policy 3250.
  • Forging email messages.
  • Attempting to circumvent data protection schemes or uncover or exploit security loopholes.
  • Masking the identity of an account or machine.
  • Deliberately wasting computing resources.
  • Downloading, displaying, uploading or transmitting obscenity or pornography, as legally defined.
  • Attempting without district authorization to monitor or tamper with another user's electronic communications, or changing, or deleting another user's files or software without the explicit agreement of the owner, or any activity which is illegal under California Computer Crime Laws.
  • Personal use which is excessive or interferes with the user's or others' performance of job duties, or otherwise burdens the intended use of the network.
  • Illegal downloading and/or distribution of copyright-protected materials, including but not limited to music and videos.

Harassment

  • Using the telephone, email or voice mail to harass or threaten others.
  • Knowingly downloading, displaying or transmitting by use of the district network, communications, pictures, drawings or depictions that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political belief.
  • Knowingly downloading, displaying or transmitting by use of the district network sexually explicit images, messages, pictures, or cartoons when done to harass or for the purposes of harassment.
  • Knowingly downloading, displaying or transmitting by use of the district network sexually harassing images or text in a public computer facility, or location that can potentially be in view of other individuals.
  • Posting on electronic bulletin boards material that violates existing laws or the colleges' Codes of Conduct.
  • Using the district network to publish false or defamatory information about another person.

Commercial Use

  • Using the district network for any commercial activity, without written authorization from the district. "Commercial activity" means for financial remuneration or designed to lead to financial remuneration.

Copyright

  • Violating terms of applicable software licensing agreements or copyright laws.
  • Publishing copyrighted material without the consent of the owner on district Web sites in violation of copyright laws.

Exceptions

Activities by technical staff, as authorized by appropriate district or college officials, to take action for security, enforcement, technical support, troubleshooting or performance testing purposes will not be considered abuse of the network.

Although personal use is not an intended use, the district recognizes that the network will be used for incidental personal activities and will take no disciplinary action provided that such use is within reason and provided that such usage is ordinarily on an employee's own time; is occasional and does not interfere with or burden the district's operation. Likewise, the district will not purposefully surveil or punish reasonable use of the network for union business-related communication between employees and their unions.

Approved 11/17/97
Reviewed by Board 8/16/99, 7/7/03
Revised 10/28/05, 2/6/09



New Campus Policy
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Last Updated: 4/23/10