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House Subcommittee Looks at Progress Made on Combatting Illegal File Sharing on Campus

Sept. 28, 2006

Members of the higher education and entertainment communities appeared before Congress yesterday in the latest of a series of hearings to explore solutions to the problem of illegal file sharing on college campuses. In testimony before the House Subcommittee on 21st Century Competitiveness, college administrators spoke about the steps institutions are taking to prevent internet piracy.

William Kirwan, chancellor of the University System of Maryland, emphasized the efforts already being undertaken by institutions: “I can state without hesitation that higher education is at the front of the line of people who want this unauthorized activity to stop.”

Kirwan, who was recently appointed co-chair of the Joint Committee of the Higher Education and Entertainment Communities Technology Task Force, noted that there are costs to students and faculty as well as to the entertainment industry from illegal file sharing. “We all know the abuse of campus networks can create problems,” he testified. “The money and time it takes to clean up after it is significant.  In addition, plenty of students complain that the activity is clogging up the network to the point that they can’t get their work done.”

In addition to learning how campus administrators are addressing the problem, the subcommittee heard how universities are exploring new ways of not only combating piracy, but changing the culture that produces it. Cheryl Asper Elzy, dean of University Libraries and federal copyright agent at Illinois State University, told the subcommittee about Illinois State’s Digital Citizens Project, which is designed to provide institutions with "a sort of Consumer Reports for downloading services."  

Efforts such as these are particularly important in light of the limitations of a purely technological approach to solving the problem, argued William W. Fisher, director of the Berkman Center for Internet and Society at Harvard University. Fisher observed that any time an institution has attempted to remedy the issue by blocking a particular type of technology, a new version appears that circumvents the restrictions. He suggested that institutions provide legal alternatives for students, such as libraries of copyrighted materials paid for by imposing a mandatory fee on students.

Daniel R. Glickman, president of the Motion Picture Association of America, and Cary H. Sherman, president of the Recording Industry Association of America, praised the efforts to curb illegal file sharing activity described at the hearing and encouraged other institutions to follow suit.

In March, the House voted to approve the College Access and Opportunity Act (H.R. 609), which would provide colleges and universities with federal funds for combating illegal file sharing through the Fund for the Improvement of Postsecondary Education. This legislation is currently stalled in the Senate but is scheduled to be taken up after the November elections.

Rep. Howard (Buck) McKeon (R-CA), chair of the full House Education and the Workforce Committee, echoed the prevailing sentiment of many members of Congress at the hearing when he warned of the possible negative impact of legislating to solve the problem. “Once we pass a law, it becomes intrusive. Unintended consequences always come into play,” said McKeon.