UCSD HEOA Compliance

The University of California is committed to upholding U.S. copyright law. As an Internet Service Provider under the meaning of the Digital Millennium Copyright Act (DMCA), the University does not monitor its networks for the purpose of discovering illegal activity. However, the University pursues a set of ongoing initiatives to ensure that copyright, particularly as it applies to digital assets, is respected within the University community. These initiatives are described as follows in this implementation plan.

University of California campuses have developed various network management strategies to balance the many and competing demands placed on network resources without unduly interfering with the education and research use of the network. Under provisions of the DMCA and as a matter of University policy, the University does not routinely search for illegal activity that may occur over its networks. UC San Diego employs the following technology-based deterrents:

• Traffic monitoring to identify the largest bandwidth users
• A vigorous program of accepting and responding to DMCA notices
• A commercial product designed to reduce or block illegal file sharing

A. Traffic Monitoring

Network administrators pay attention to network traffic as one method to manage the resource and ensure that bandwidth is available for academic, research, and administrative uses in alignment with the University's mission. In the process, administrators identify anomalies in traffic, such as spikes in usage, and follow up as appropriate.

B. DMCA Notice Response

UC San Diego implements an active program for responding to copyright infringement notices. The institution follows system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA). In accordance with established procedures, UC San Diego has a DMCA agent and designated DMCA email account, which are on file with the US Copyright Office. When UC San Diego receives DMCA notices of alleged copyright violation, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed, as per the specifics of the case.

C. Non-Student Violations

DMCA violations received for non-students are forwarded to their department. Consequences for non-students will depend on the policies of their respective department and classification.

D. Student Violations

Individuals receiving a copyright violation notice for an alleged infringement are notified and network connections for all network devices belonging to the individual are blocked temporarily. The student must attend a presentation on file sharing and copyright law (updated quarterly) and bring in the computer identified in the notice for a security scan to make sure UCSD Minimum Network Connection Standards (PDF, see Exhibit B) are met before network connections are restored. Individuals are also provided with documentation about copyright law, file sharing and the consequences of repeat notices.

Individuals receiving a second copyright violation notice for an alleged infringement occurring after their connection was restored for the first violation are blocked again, are required to attend the copyright presentation again, are required to bring in their computer for another security scan, and are also required to meet with the manager of the Help Desk. They are also referred to their college Dean via Office of Student Conduct, and are required to comply with the disciplinary procedures as determined by the Dean's office.

Individuals receiving a third violation notice for an alleged infringement occurring after their connection was restored for the first and second violations are re-referred to their Dean and are no longer allowed to connect personal devices to any of the school's networks.

E. Network Access Control

UC San Diego is currently developing a campus-wide Network Access Control solution that will be implemented by May 2025.

UC San Diego conducts an ongoing educational campaign to inform the UC community about UC San Diego's commitment to upholding copyright law, deterring copyright infringement, and following DMCA procedures. These activities include the following:

• Orientation. Residential staff is trained annually regarding copyright violations and file sharing, which are also addressed during campus student orientation.
• Account authentication. Illegal file sharing is addressed as part of the authentication process when residential students are given access to wired and wireless networks.
• Acceptable use policy. Acceptable use policies define what activities are allowed or prohibited on the networks. Users must agree to these policies to gain access to the network.
  • UCOP IT Policies & Guidelines
  • ResNet AUP
• Residence Hall activities. Residential staff make file sharing education a regular part of their jobs and implement creative ways to educate students.
• Informational websites. File sharing at UC San Diego advises students, campus staff, and the public about the University's policies and legal alternatives available.
• Media on campus. Media in the form of flyers and broadcasts on student-run television in the Residence Halls and visitor areas advise the community about the legalities of downloading copyrighted content. Weekly copyright presentations for alleged copyright offenders regarding liabilities, consequences, legal actions and alternatives are also available to the general campus.
• Annual memo. An executive/administrator issues an annual memo to the community, including students, about illegal file sharing. Past memos can be found below:
  • October 2024 
  • August 18, 2015
  • August 6, 2014
  • July 17, 2013
  • January 19, 2011
• Policy. The University of California Electronic Communications Policy (ECP) prohibits the use of University electronic communications resources for unlawful activities and requires adherence to applicable laws and University policies regarding copyright. 

A system-wide website provides information about copyright, including appropriate vs. inappropriate uses of copyrighted material. The information includes FAQs about copyright ownership and using copyrighted material and links to pertinent UC San Diego policies. 

Copyright law allows for the "fair use" of copyrighted materials for purposes of teaching, scholarship, and research. Fair use is a complex subject. The following resources provide more information on fair use and UC San Diego copyright policy:

• UC Copyright - Frequently Asked Questions
• UC San Diego Library Copyright Policy
• Copyright, Fair Use, & Author Rights: UC Resources

UC San Diego's DMCA Agent is responsible for periodically reviewing and providing access to the UC community to legal options for obtaining electronic content, including movies and music. As part of its informational website, UCSD maintains a list of recommended legal alternatives, as well as providing a link to the list of legal alternatives maintained by EDUCAUSE

UC San Diego students have access to some software through the university, and on-campus students also have access to SpectrumU, through which they may watch live or on-demand television. Please visit ResNet - Spectrum U page for more information.

UC San Diego implements an active program for responding to copyright infringement notices. The institution follows system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA). In accordance with established procedures, UCSD has a DMCA agent and designated DMCA email account, which are on file with the US Copyright Office. When UC San Diego receives DMCA notices of an alleged copyright violation, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed, as per the specifics of the case. Repeat offenders are blocked from using the network for a period of time.

UC San Diego conducts an annual review of its plan for combating copyright infringement. No single criterion is used to determine whether or not the plan is effective. Rather, a range of factors are considered in the context of the changing, external environment. The assessment may include the following considerations:

• Survey of user community: Are educational methods effective?
• Periodic review and update of educational materials (Web, print, etc.): Evaluate user friendliness / clarity / organization / pertinence / effectiveness.
• Review of recidivism: Are there are few or many repeat offenders (in comparable circumstances)? What are the causes?
• Review of other institutions' practices: Determine if there are different approaches worth exploring and their appropriateness to the campus's environment and policies.
• Review of the technological, social, and legal trends that may alter the number of complaints received.

Last review:

October 2024 A memo will be sent to UC San Diego students and staff regarding copyright infringement. Our website has been updated with the latest information. The canvas course continues to be updated on a monthly basis and has had better reception among students and resolved the frustration of missing presentation appointments.

Past reviews:

September 2023 Rates of first-time offenders and recidivism has gone back to pre-Covid levels. (CR)

May 2022 The incidence of first-time offenders and recidivism rates has decreased ~28%. Our website and the canvas course has been updated and reviewed. We continue our efforts to educate and inform all students about DMCA. (CR)

August 2021 The incidence of first-time offenders and recidivism rates has stayed the same. The UCSD VPN still remains the highest source of violation. (CR)

September 2020 The incidence of first-time offenders and recidivism rates has risen. The suspected cause of the increase is the increased use in the UCSD VPN due to asynchronous learning caused by Covid-19. Notice has been sent out and our website has been updated to notify students about the potential consequences when using file sharing software via VPN. The canvas course has been positively received by those who have had to attend a presentation in the past. Our website and the canvas course is continues to be modified and updated regularly to stay current. (CR)

August 2019 The copyright presentation has been migrated to Canvas. Students will now be able to complete the required actions for violation without having to schedule and wait for a presentation to be available. Our canvas course and the online presentations will continue to be updated on a monthly basis. (CR)

September 2015 Recidivism has not changed (continues to hover at ~4%). Notifications to ResNet customers who were using file sharing software via SafeConnect has had a marked impact on the percentage of notices coming in for residential students as compared to all others (non-residential students, and staff and faculty). The notification was instituted in the Fall of 2013, but significantly improved in the Fall of 2014. This has led to a significant reduction in the percentage of notices going to residential students: 55% in 2012-2013 to 42% in 2014-2015. We reviewed our educational material, including our websites and made minor modicfications to stay current. Our copyright presentaiton continues to be modified and updated on a monthly basis, and we continue to get positive feedback from attendees. (CR)

September 2014 Recidivism has not changed. Network upgrades included the addition of SafeConnect and the ability to notify and see the number of students running file sharing software, as well as the removal of our old Packetshaper. Reviewed our websites, as well as the websites of several other schools, including some of the “HEOA Role Model schools, and made minor modifications to our website to make sure it was current. We continue to review and update our Copyright Violation presentation on a regular basis. (CR)

May 2013 Recidivism continues to decline; positive feedback from students on our file sharing education initiatives. Reviewed sites for other institutions and made minor updates to links and content. No other updates necessary. (CR)

May 2012 Decreased recidivism; positive feedback from students on our file sharing education initiatives. Reviewed sites for other institutions and made minor updates to links and content. No other updates necessary. (CR)

July 2011 Increased recidivism. Worked with the Office of Student Conduct to implement monetary fines for repeat violations in order to respond to rising recidivism. (CR)