How the RIAA, MPAA etc..want to use education funding to fight their battles

I thought I had posted this some time ago...Unfortunately it looks like my mind forgot to tell the rest of my body to actually 'post' this.

There is a movement to tie together copyright enforcement with federal education monies. The US House has their version, HR 4137. But the backlash is less on the state level. Therefore, you can now see similar legislation at the state level (Illinois).

The purpose of the legislation is to fight copyright infringement, as both the attached bills explain. If a university/college receives a certain number of copyright notices, they would be obligated to fight copyright infringement and/or install technological measures to protect copyrights. However, there is/are provisions for technological solutions to analyze the data traffic in an effort to determine if data transiting the network is copyrighted. Now I am not positive on the particulars of the technology, but it would require the network to look into the data packets and view the 'real' data. For the postal analogy, the postal carrier would now be authorised to open and read your post to your grandmother. Not surprisingly the backlash is relatively low at the state level as it is almost being sneaked in the 'back door'.

Now, we have had reports of a large increase in the number of DMCA Copyright notices...One can only wonder if there is a link between the increase in RIAA notices and the pending legislation. Maybe it is a way to perhaps show there is a quantifiable need for universities/colleges to do the work of the recording industry. As dollars for education are continuing to dwindle from the federal and state governments, this amounts to nothing more than "passing the buck" of copyright protection to cash strapped educational institutions.

House Resolution 4137

The contents of HR 4137 are interesting. Specifically the following amendment; SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. The amendment, my interpretation, stipulates that colleges and universities take on the role of intellectual property police. In short, the amendment requires that colleges/universities provide information on copyright and the illegal downloading of intellectual property. It also says that colleges/universties should develop a to provide alternatives to illegal downloading of intellectual property and peer-to-peer sharing of protected materials. Further, it specifies that colleges/universities should plan to explore a technology-based deterrent to illegal downloading.

An interesting point is that the resolution seems to treat colleges/universities as both Internet end users and Internet service providers. This resolution seems to present a deviation from earlier cases of illegal downloading of intellectual property. Not only can the college/university loose funding with non-compliance, but the college/university has to provide an alternative to the illegal downloading of intellectual property. This sounds like a gift to the recording industry. Make colleges/universities subscribe to some service in order to prevent illegal downloads of intellectual property? Why not simply allow the college/university to stop illegal downloading of intellectual property by technology-based tools? Who will pay for the alternative downolad system too? That would be you and I the students and taxpayers.

A secod point that needs to be discussed is how the colleges/universities will distinguish between downloads protected by fair use and illegal downloads of intellectual property?

There are more questions than solutions in the resolutions current form. Perhaps if it makes it way to becoming a bill, the resolution will evolve to answer or solve some of these points here?