S.Res.438 - A resolution expressing the sense of Congress that institutions of higher education should adopt policies and educational programs on their campuses to help deter and eliminate illicit copyright infringement occurring on, and encourage educational uses of, their computer systems and networks.
109th Congress (2005-2006)
Expressing the sense of Congress that
institutions of higher education should adopt policies and educational programs
on their campuses to help deter and eliminate illicit copyright infringement
occurring on, and encourage educational uses of, their computer systems and
networks.
IN THE SENATE OF THE UNITED STATES
April 7, 2006
Mr. Alexander (for
himself, Mr. Leahy,
Mr. Hatch, and Mr. Nelson of Florida) submitted the following
resolution; which was referred to the Committee on Health, Education, Labor, and
Pensions
RESOLUTION
Expressing the sense of Congress that
institutions of higher education should adopt policies and educational programs
on their campuses to help deter and eliminate illicit copyright infringement
occurring on, and encourage educational uses of, their computer systems and
networks.
Whereas the colleges and universities of the United States
play a critically important role in educating young people;
Whereas the colleges and universities of the United States
are responsible for helping to build and shape the educational foundation of
their students, as well as the values of their students;
Whereas the colleges and universities of the United States
play an integral role in the development of a civil and ordered society founded
on the rule of law;
Whereas the colleges and universities of the United States
have been the origin of much of the creativity and innovation throughout the
history of the United States;
Whereas much of the most valued intellectual property of
the United States has been developed as a result of the colleges and
universities of the United States;
Whereas the United States has, since its inception,
realized the value and importance of intellectual property protection in
encouraging creativity and innovation;
Whereas intellectual property is among the most valuable
assets of the United States;
Whereas the importance of music, motion picture, software,
and other intellectual property-based industries to the overall health of the
economy of the United States is significant and well documented;
Whereas the colleges and universities of the United States
are uniquely situated to advance the importance and need for strong
intellectual property protection;
Whereas intellectual property-based industries are under
increasing threat from all forms of global piracy, including hard goods and
digital piracy;
Whereas the pervasive use of so-called peer-to-peer (P2P)
file sharing networks has led to rampant illegal distribution and reproduction
of copyrighted works;
Whereas the Supreme Court, in MGM Studios Inc. v.
Grokster, Ltd., reviewed evidence of users’ conduct on just two peer-to-peer
networks and noted that, “the probable scope of copyright infringement is
staggering” (125 S. Ct. 2764, 2772 (2005));
Whereas Justice Breyer, in his opinion in MGM Studios Inc.
v. Grokster, Ltd., wrote that “deliberate unlawful copying is no less an
unlawful taking of property than garden-variety theft” (125 S. Ct. 2764,
2793 (2005));
Whereas many computer systems of the colleges and
universities of the United States are illicitly utilized by students and
employees to further unlawful copying;
Whereas throughout the course of the past few years,
Federal law enforcement has repeatedly executed search warrants against
computers and computer systems located at colleges and universities, and has
convicted students and employees of colleges and universities for their role in
criminal intellectual property crimes;
Whereas in addition to illicit activity, unauthorized
peer-to-peer use has multiple negative impacts on college computer
systems;
Whereas individuals engaged in illegal downloading on
college computer systems use significant amounts of system bandwidth which
exist for the use of the general student population in the pursuit of
legitimate educational purposes;
Whereas peer-to-peer use on college computer systems
potentially exposes those systems to a myriad of security concerns, including
spyware, viruses, worms or other malicious code which can be easily transmitted
throughout the system by peer-to-peer networks;
Whereas peer-to-peer use on college computer systems also
exposes those systems to increased volumes of pornographic or obscene material,
including child pornography, which are readily available on peer-to-peer
systems;
Whereas peer-to-peer systems have also been used to gain
unauthorized access to personal and sensitive information, such as social
security account numbers, medical information, tax returns, and bank
statements;
Whereas colleges and universities must use valuable and
finite resources in responding to requests from victims and law enforcement
seeking to stop illegal downloading on college computer systems;
Whereas computer systems at colleges and universities
exist for the use of all students and should be kept free of illicit
activity;
Whereas college and university systems should continue to
develop and to encourage respect for the importance of protecting intellectual
property; the illegality and potential legal consequences of unauthorized
downloading of copyrighted works; and the additional security risks associated
with unauthorized peer-to-peer use; and
Whereas it should be clearly established that unauthorized
peer-to-peer use is prohibited and violations punished consistent with
upholding the rule of law: Now, therefore, be it
Resolved, That—
(1) colleges and
universities should continue to take a leadership role in educating students
regarding the detrimental consequences of online infringement of intellectual
property rights; and
(2) colleges and
universities should continue to take all practicable steps to deter and
eliminate unauthorized peer-to-peer use on their computer systems by adopting
or continuing policies to educate and warn students about the risks of
unauthorized use, and educate students about the intrinsic value of and need to
protect intellectual property.