Computer Use and File Sharing
Computer and Network Usage Policy
As an institution of higher education, Wilkes Community College encourages and supports an open environment to pursue scholarly inquiry and to share information. The college will not limit adult users’ voluntary access to any information due to its content when it meets the standard of legality as long as this use is consistent with the goals of the academic programs. However, use of the computing and network resources is limited to authorized purposes, and any unlawful or malicious use of these resources is strictly prohibited. The use of the college’s computer resources for political, religious, and other personal or noncollege purposes is prohibited. For additional information concerning the appropriate use of computers and the college network, refer to Policy 7.2 – Internet and Network Acceptable Use Policy. The college reserves the right to limit, restrict, or deny computing resources and facilities for those who violate college policies and/or procedures or local, state, or federal laws.
Policy 7.6 – Peer-to-Peer File Sharing
I. Purpose
The Digital Millennium Copyright Act of 1998 (“DMCA”) legally protects a copyright holder from the unauthorized use of his or her digital content. Unauthorized use means violating the user agreement or terms of use for the digital content. Illegally sharing and/or reproducing copyrighted materials such as music, videos, documents, software and photos is considered copyright infringement. The Higher Education Opportunity Act (“HEOA”) includes a provision directly related to DMCA.
HEOA holds higher education institutions accountable for student illegal peer-to-peer (“P2P”) file sharing occurring on college networks. Illegal P2P file sharing is downloading, also known as copying and/or saving, copyrighted material to a hard drive or any other storage device and/or sharing or making it available to other people without the consent of the copyright holder. P2P applications are used to legitimately share digital content. However, P2P applications can expose the college to legal liabilities when illegal file sharing occurs. P2P applications can also present a security risk because a downloaded file may actually contain a virus or a malicious program that could target and infect other machines on the network, impact the performance of the network and compromise sensitive/confidential information.
The purpose of this Policy is to inform the college community on preventive measures that will help avoid legal liability and security risks resulting from illegal file sharing. This Policy applies to any individual using the college’s computer network.
II. Policy
Individuals using the college’s computer network will be held accountable for adhering to the following terms and conditions:
- Read the user agreement or terms of use for the following digital content in order to make sure you do not use nor share digital material illegally: documents, videos, and games located on the Internet; social networking sites (i.e. YouTube); purchased digital content (i.e., music, software); and peer-to-peer file sharing applications;
- Delete unauthorized copyrighted material from your electronic device (i.e. computer, iPod);
- Use a legal alternative to unauthorized downloading. The college does not endorse a particular product or service nor is it responsible for any cost or any technology related issues resulting from the use of the legitimate sources;
- Disable the file sharing feature for P2P software if you do not have permission to share the digital material (i.e., documents, movies, games, etc.) legally; contact the software vendor for technical support;
- For college-owned devices, P2P software can only be used to promote the college’s mission, academic and business needs. Where applicable, P2P software is not allowed on machines that process and/or store confidential/sensitive data. The personal use of P2P applications on college-owned assets for recreational and leisure purposes is prohibited.
III. Enforcement
Enforcement of this Policy shall include:
- Disclosure to students and employees on an annual basis;
- Monitoring network traffic and limiting network bandwidth; and
- Implementing other technology-based deterrents as needed.
In addition to employment and student discipline issued by the college in accordance with applicable policies and procedures (up to and including dismissal/suspension), individuals cited for unauthorized use may be subjected to civil and/or criminal damages such as monetary damages and potential prison time. According to the US Copyright Office, monetary damages can range from $200 to $150,000 for each act. Criminal prosecutions may result in a fine of up to $250,000 and a prison term of up to 5 years (http://www.fbi.gov/ipr/) for each act.
Adopted: 08/08/2019
Responsibilities Related to Electronically Distributed Information
Students in curriculum classes at Wilkes Community College are responsible for all college-related information distributed through the college website, email, and course management systems. Failure to utilize these resources to obtain such information does not relieve the student of his/her responsibility nor prevent the consequences that may result. This information includes syllabi, course content, notifications, warnings, announcements, etc., that are routinely transmitted to students. This information may be transmitted electronically rather than by the postal system.
Students who cannot locate information or have a demonstrated hardship in accessing information electronically are responsible for identifying their needs to appropriate college personnel in the college’s open computer lab.
Policy 7.4 – Electronic Signatures
It is the College’s intent to provide efficient services for its employees, students and also for the public. The Board of Trustees (“Board”) encourages College officials and students to use electronic means, especially electronic mail, when conducting College business when those means result in efficient and improved service.
The Board encourages the acceptance of electronic signatures in e-mails from college campus accounts. An electronic signature is defined as any electronic process signifying an approval to terms, and/or ensuring the integrity of the document, presented in electronic format.
Students may use electronic signatures to register, check financial aid awards, pay student bills, obtain unofficial transcripts, update contact information, log into campus computers, complete forms, submission of class work, tests, etc. Employees may use electronic signatures for submitting grades, viewing personal payroll data, logging into campus computers, accessing protected data through the administrative computing system and custom web applications provided by the College, etc. College user accounts are to be used solely by the student or employee assigned to the account. Users may not allow access to their accounts by other persons, including relatives or friends. All users are responsible for protecting the confidentiality of their account and for adhering to Policy 7.2 – Internet and Network Acceptable Use.
Adopted: 08/08/2019