FC: Alleged Penn State P2P pirates escape with only warnings

From: Declan McCullagh (declanat_private)
Date: Sun Apr 27 2003 - 16:41:36 PDT

  • Next message: Declan McCullagh: "FC: Radio host Michael Savage nastygrams SavageStupidity.com"

    Previous Politech message:
    "Penn State warns students that P2P trading can be a federal felony"
    http://www.politechbot.com/p-04614.html
    
    ---
    
    From: "Justin Leto" <jletoat_private>
    To: <declanat_private>
    Subject: 220 students at Penn State get warning over file sharing violations
    Date: Thu, 24 Apr 2003 13:03:30 -0400
    
    Declan,
    
    The recent roundup of 220 Direct Connect users ended anti-climatically
    with the University backing off of threats of severe punishment by only
    issuing warnings and forcing students to sign forms before their network
    connections were turned back on.
    
    OTC, the Office of Telecommunications, has the authority to shut off
    your network connection at their discretion. This is separate from
    Judicial Affairs which can charge you with violations of the student
    code of conduct which includes copyright violations. But the university
    has co-mingled the two and have used student's access to the network as
    leverage to gain quick capitulation from students accused of these
    violations. Not to mention that finals week is two weeks away.
    
    But interestingly, JA's overature was testament to the fact that the
    evidence they had -- simply a snapshot of the "lists" of the shared
    files and not the computers with the alleged copyright material
    themselves --  and the number of cases involved indicated that they
    didn't have the resources to gather the real evidence nor did they have
    the resources to prosecute hundreds of students through a lengthy and
    cumbersome hearing process to determine their guilt or innocence. This
    seems to be a dog and pony show for the RIAA. They essentially said as
    much in the article.
    
    They also are concerned about lawsuits.
    
    A side-bar to all of this is whether the university monitored content on
    the network against claims they made to the contrary. Non-technicals
    would be ignorant of the difference between monitoring traffic as it was
    transferred over the network and using p2p programs to monitor the files
    being shared on other users systems but essentially we are talking about
    the university monitoring students through the network.
    
    I have been told, however,  that the university was given the lists by
    Direct Connect users (students) at Penn State Erie after a dispute
    occurred. They were identified on http://dc.kicks-ass.net and even the
    student radio station 90.7 WKPS-FM, State College broadcasted their name
    and contact info over the air. I haven't been able to confirm this,
    however, so I'm not exactly sure how the university got the lists and
    they haven't indicated it either way -- whether these students were
    caught and worked with university officials or if the RIAA obtained
    these lists. I also have been told that the RIAA has been working with
    JA (i.e. supplying them with lists of users) but this isn't surprising.
    
    Penn State students in the dorms can easily be identified by their IP
    address. The first part of their address is their userid that when
    plugged into the PH server http://www.psu.edu/ph will tell you who they
    are. Essentially this is how the Penn State Erie students were
    identified by users.
    
    ------------------------------------------------------------------------
    --------
    Name: ZACHARY DAVID KRAUSE
    E-mail: zdk101at_private
    EduPerson Primary Affiliation: STUDENT
    Address: 0251 PERRY HALL
    STATION ROAD
    ERIE, PA 16563
    Telephone Number: +1 814 217 2861
    Title: UNDERGRAD STUDENT
    Campus: PENN STATE ERIE, THE BEHREND COLLEGE
    
    IP: 66.71.10.190 Nick: [PSERIE]Mystik
    ECR124.rhbd.psu.edu
    
    Name: ETHAN COLLIN RICE
    E-mail: ecr124at_private
    URL: http://www.personal.psu.edu/ecr124/
    Address: 0251 PERRY HALL
    STATION ROAD
    ERIE, PA 16563
    Telephone Number: +1 814 217 2861
    Title: UNDERGRAD STUDENT
    Campus: PENN STATE ERIE, THE BEHREND COLLEGE
    
    Cheers,
    justin
    Penn State
    
    Here are two articles that appeared in the student daily:
    
    File-sharing students get warning from J.A.
    Judicial Affairs decided to deal with the cases as if they were
    off-campus violations, though all occured in dorms.
    http://www.collegian.psu.edu/archive/2003/04/04-24-03tdc/04-24-03dnews-06.asp
    
    USG technology director: PSU in violation of policy
    http://www.collegian.psu.edu/archive/2003/04/04-24-03tdc/04-24-03dnews-07.asp
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    -------------------------------------------------------------------------
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    Like Politech? Make a donation here: http://www.politechbot.com/donate/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Sun Apr 27 2003 - 18:00:49 PDT