Higher Education Committee
Filed: 4/1/2008
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1 | AMENDMENT TO HOUSE BILL 4380
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2 | AMENDMENT NO. ______. Amend House Bill 4380 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Board of Higher Education Act is amended by | ||||||
5 | adding Section 9.33 as follows: | ||||||
6 | (110 ILCS 205/9.33 new) | ||||||
7 | Sec. 9.33. Student residential computer networks. | ||||||
8 | (a) The Board shall require public institutions of higher | ||||||
9 | education that have student residential computer networks to do | ||||||
10 | the following: | ||||||
11 | (1) adopt and reasonably implement a policy defining | ||||||
12 | computer and network usage and ethics that applies to | ||||||
13 | students, staff, and faculty; that clearly describes and | ||||||
14 | prohibits the infringement of copyrighted works over the | ||||||
15 | institution's computer and network resources, including | ||||||
16 | over the institution's local area and internal networks; |
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1 | that details the penalties for infringement provided under | ||||||
2 | both State and federal law; and that is visibly posted in | ||||||
3 | the institution's computer labs and when users sign on to | ||||||
4 | the network; and | ||||||
5 | (2) subject to subsection (b) of this Section, if the | ||||||
6 | institution receives 10 or more legally valid notices of | ||||||
7 | infringement within the preceding year, undertake | ||||||
8 | reasonable efforts to install and implement a | ||||||
9 | technology-based deterrent system to attempt to prevent | ||||||
10 | the infringement of copyrighted works over the | ||||||
11 | institution's computer and network resources. | ||||||
12 | (b) Nothing in this Section is intended to prohibit the | ||||||
13 | noninfringing use of copyrighted material by students, staff, | ||||||
14 | and faculty, to restrict an institution's use of copyrighted | ||||||
15 | material under the provisions of Section 107 of Title 17 of the | ||||||
16 | United States Code, or to waive the protections available to | ||||||
17 | Internet service providers under Section 512 of Title 17 of the | ||||||
18 | United States Code. | ||||||
19 | A student or faculty member may request, and the | ||||||
20 | institution may grant in writing, permission to use a | ||||||
21 | particular software application or file that has been | ||||||
22 | prohibited on the institution's computer and network resources | ||||||
23 | under subdivision (2) of subsection (a) of this Section if the | ||||||
24 | institution determines that such use is for academic, research, | ||||||
25 | or other purposes consistent with Section 107 of Title 17 of | ||||||
26 | the United States Code. |
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1 | (c) Each institution to which subsection (a) of this | ||||||
2 | Section applies shall, by January 15 of each year, report to | ||||||
3 | the Board either (i) that the institution has not received 10 | ||||||
4 | or more legally valid notices of infringement within the | ||||||
5 | preceding year from owners of infringed works or their | ||||||
6 | authorized agents or (ii) a detailed description of the | ||||||
7 | reasonable efforts the institution has taken to install and | ||||||
8 | implement a technology-based deterrent system under | ||||||
9 | subdivision (2) of subsection (a) of this Section.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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