Combating Illegal File Sharing

Compliance with the Peer to Peer (P2P) Provisions of the Higher Education Opportunity Act

Implementation Plan for University of California, Berkeley

The HEOA P2P provisions require universities to develop and implement “written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network without unduly interfering with the educational and research use of the network.” This document constitutes UC Berkeley’s “written plans” to satisfy this HEOA requirement.

Original version: Summer 2010
Last revised: Spring 2025

Plan Outline

  1. Introduction
  2. Technology-Based Deterrents
    1. NAT for wireless networks
    2. Network Firewalls 
    3. Traffic Monitoring
    4. DMCA Notice Response
  3. Community Education and Annual Disclosure  to Students
    1. Mechanisms for Educating the Community
    2. Annual Disclosure to Students
  4. Legal Alternatives to Illegal File Sharing
  5. Campus Procedures for Handling Unauthorized Distribution of Copyrighted Material
  6. Periodic Review of Plan and Assessment Criteria
    1. Procedures
    2. Assessment Criteria

Appendix A:
Required Information for Community Education and Student Disclosure

  1. Appropriate vs. Inappropriate Use of Copyrighted Material
  2. Institutional Policies and Sanctions Related to Copyright Infringement
  3. Student Disciplinary Procedures
  4. Civil/Criminal Liabilities / Penalties for Violation of Federal Copyright Law

I. Introduction

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

II. Technology-Based Deterrents

University of California campuses have developed various network management strategies to balance the many and competing demands placed on network resources. 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 Berkeley employs the following technology-based deterrents to combat infringing activity.

  1. Network Address Translation (NAT) for wireless networks 
  2. Network Firewalls
  3. Traffic monitoring 
  4. A vigorous program of accepting and responding to DMCA notices

UC Berkeley technology-based deterrents do not involve routine monitoring of the content of electronic communications for the purposes of identifying potentially infringing activities, in compliance with the University of California Electronic Communications Policy.

A. Network Address Translation (NAT) for Wireless Networks

For provisioning access to the primary campus IPv4 wireless network, UC Berkeley uses Network Address Translation (NAT) for many-to-one mapping of private to public IP addresses. The wireless routing infrastructure does not forward inbound connections to hosts on the wireless network, which prevents most peer-to-peer file sharing programs from making content available for download.

B. Network Firewalls

The campus-managed guest wireless network (Berkeley-Visitor) and all new wired subnets (as-of April 2023) are behind a campus firewall, which blocks inbound file sharing. This prevents most peer-to-peer file sharing programs from making content available for download.

C. Traffic Monitoring

Campus network administrators may, under a limited set of circumstances defined in UC policy, monitor network traffic. To ensure that bandwidth is available for academic, research and administrative uses in alignment with the University’s mission, network administrators may investigate anomalous spikes in network traffic in order to manage the resource and follow up as appropriate regarding potential hazards to network performance and availability. Under provisions of the DMCA and as a matter of University policy, the Campus does not routinely search for infringing or other illegal activity that may occur over its network.

D. DMCA Notice Response

UC Berkeley implements an active program for responding to copyright infringement notices. The institution follows UC system-wide guidelines for complying with the Digital Millennium Copyright Act (DMCA). In accordance with established procedures UC Berkeley has a DMCA agent and designated DMCA email address (DMCA), which are on file with the US Copyright Office. When UC Berkeley 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. Repeat offenders are blocked from using the network for a period of time. Also see the campus “Copyright Infringement” webpage for student disciplinary procedures.

III. Community Education and Annual Disclosure to Students

UC Berkeley community/student education efforts provide information about the following areas.

  • Appropriate vs. inappropriate use of copyrighted material
  • Institutional policies and sanctions related to copyright infringement
  • Student disciplinary procedures
  • Civil/criminal liabilities
  • Penalties for violation of federal copyright law 

More detailed information is provided in Appendix A.

UC Berkeley conducts an ongoing educational campaign to inform the UC community, and especially students, about our commitment to upholding copyright law, deterring copyright infringement, and following DMCA procedures. These educational activities include the following:

A. Mechanisms for Educating the Community

  • Orientation. Illegal file sharing is addressed during the new student onboarding process. All incoming students are notified of their responsibility to comply with laws and policies around Copyright infringement.
  • Account provisioning. Illegal file sharing is addressed as part of the CalNet account provisioning process (via Terms of Service or SLA) when individuals are given initial access to campus online services. This comprises agreeing to acceptable use policies that address copyright law.
  • Acceptable use policies. UC Berkeley’s Acceptable Use of Technology Resources ("Acceptable Use Policy") and the UC Electronic Communications Policy define what activities are allowed or prohibited on the network and other campus electronic communications resources. Users must agree to these policies to obtain a UC Berkeley universal access account (CalNet ID) to gain access to the network and other campus electronic communications resources. Additionally, users of the Berkeley Visitor wireless network must agree to terms of service that explicitly address copyright violation.
  • Informational websites. University of California system-wide websites advise students, campus employees, and the public about the University’s policies in this area, and have resources about file sharing. UC Berkeley has a central “Copyright Regulations and Resources” site and Student Technology Services maintains a  “Policies” website with links to pages regarding file sharing and copyright, minimum security requirements, and campus network policies. The Library also provides extensive guidance around Copyright on their website.

B. Annual Disclosure to Students

  • The campus sends students a disclosure regarding copyright infringement as shown in Appendix A via email each year.

IV. Legal Alternatives to Illegal File Sharing

The Information Security Office's “Copyright Regulations and Resources” website refers the campus community to the list of legal sources of online content maintained by EDUCAUSE. Information regarding legal options is included in the annual notice to students, and the Student Technology Services “File Sharing & Copyright FAQ” also links to this HEOA Compliance Plan. 

V. Campus Procedures for Handling Unauthorized Distribution of Copyrighted Material

As described in Section II.D above under the heading “DMCA Notice Response”, UC Berkeley implements an active program for responding to online copyright infringement allegation notices. Similar procedures as those employed in handling formal allegations of copyright infringement under the DMCA are also used with any other credible, specific allegation of copyright infringement, as an integral part of the enforcement of University policy, sound information and network security practice, and respect for intellectual property. The Student Technology Services “File Sharing and Copyright” policy webpage and referenced FAQ include detailed information about enforcement procedures in the residence halls, including sections describing procedures for Take-Down Notices, Subpoenas, and Pre-Settlement Letters.

VI. Periodic Review of Plan and Assessment Criteria

A. Procedures

Beginning in September 2010, UC Berkeley conducted an initial review of its Plan for Combating Illegal File sharing. Subsequent reviews are conducted every two years. No single criterion is used to determine whether or not the plan is effective; a range of factors are considered in the context of the changing, external environment. The assessment may include the following considerations.

B. Assessment Criteria

The Plan assessment criteria to be used at UC Berkeley are process-based and may consist of the following approaches.

  • Survey of the user community—are the education materials effective?
  • Periodic review and update of educational materials (Web, print, etc.) for user-friendliness / clarity / organization / pertinence / effectiveness
  • Review of total number of DMCA notices received
  • Review of recidivism—whether there are few or many repeat offenders (in comparable circumstances), and what the causes might be
  • Review of other institutions’ practices to determine if there are different approaches worth exploring and that are appropriate to the campus’ environment and policies
  • Review of the technological, social, and legal trends that may alter the number of complaints received

Appendix A

Required Information for Community Education and Student Disclosure

The following information will be included in the educational information provided to the community and as part of the annual disclosure that is provided to students via email, and is included here for reference. This information is also posted on and linked to from UC Berkeley's Copyright Regulations and Resources website and may be referred to in the range of other educational mechanisms the campus employs.

A. Appropriate vs. Inappropriate Use of Copyrighted Material

A University of California System-wide website provides information about copyright, including appropriate vs. inappropriate uses of copyrighted material, fair use, and Copyright in the classroom. The information includes FAQs about copyright ownership and using copyrighted material, and links to pertinent University of California policies.

The UC Berkeley Copyright Regulations and Resources website links to the above UC website, as well as providing other educational and resource information. It also refers the campus community to a list of legal sources of online content maintained by EDUCAUSE.

Additionally, the campus Library provides extensive guidance on Copyright.

B. Institutional Policies and Sanctions Related to Copyright Infringement

Information about University policies addressing copyright infringement is available on UC's Copyright website and the Universitywide Copyright Policies and Guidance webpage. Of particular note, the UC Electronic Communications Policy (ECP) specifically addresses compliance with copyright laws and policies, as well as sanctions for copyright infringement:

  • “The contents of all electronic communications shall conform to laws and University policies regarding the protection of intellectual property, including laws and policies regarding copyright, patents, and trademarks” (section III.D.10 Intellectual Property).
  • “In compliance with the Digital Millennium Copyright Act, the university reserves the right to suspend or terminate access to university electronic communications systems and services by any user who repeatedly violates copyright law” (ECP Section III.E Access Restriction).

UC Berkeley has local policies as well that govern copyright infringement including the Campus Acceptable Use Policy which states as an example of misuse “Violating terms of applicable software licensing agreements or copyright laws”, and the Student Technology Services "File Sharing and Copyright" policy webpage which states, "If you share copyrighted material without permission, you are breaking the law and could be subject to legal consequences as well as sanctions under UC Berkeley's information security policies and Campus Code of Student Conduct.”  

C. Student Disciplinary Procedures

UC Berkeley handles claims of online infringement under the DMCA through established processes. Once notified of possible copyright infringement, most students do not repeat the activity, and most cases do not result in a University conduct process. When it is necessary to initiate a conduct complaint, however, UC Berkeley utilizes established local procedures through the Berkeley Campus Code of Student Conduct for adjudicating violations of University policy, including copyright violations. The Berkeley Campus Code of Student Conduct states that Copyright infringement is a violation that may be grounds for discipline (section 102.05). Appropriate sanctions are imposed according to University guidelines. The type of sanction imposed depends on the facts of the case and may range from a warning to dismissal and may include a loss of privileges (including network access). UC Berkeley may use sanctions as a means to further educate students about responsibilities and appropriate behavior. For example, the student may be required to write a paper on copyright infringement or complete other educational sanctions. See the Center for Student Conduct website for additional information about the conduct process.

D. Civil/Criminal Liabilities / Penalties for Violation of Federal Copyright Law

The following information regarding Civil and Criminal Penalties for Violation of Federal Copyright Laws, in combination with the other information outlined in Appendix A, is included (or referenced) in the Annual Disclosure to Students. This text may be revised from time to time for accuracy as long as it addresses the concepts shown below.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws, including unauthorized distribution of copyrighted material, and unauthorized peer-to-peer file sharing

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their FAQ page.