Higher Education Committee
Filed: 4/1/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4380 




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    AMENDMENT NO. ______. Amend House Bill 4380 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Board of Higher Education Act is amended  by 
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adding Section 9.33 as follows:
 
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    (110 ILCS 205/9.33  new)
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    Sec. 9.33. Student residential computer networks.
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    (a) The Board shall require public institutions of higher 
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education that have student residential computer networks to do 
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the following:
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        (1) adopt and reasonably implement a policy defining 
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    computer and network usage and ethics that applies to 
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    students, staff, and faculty; that clearly describes and 
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    prohibits the infringement of copyrighted works over the 
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    institution's computer and network resources, including 
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    over the institution's local area and internal networks; 
 


 






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    that details the penalties for infringement provided under 
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    both State and federal law; and that is visibly posted in 
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    the institution's computer labs and when users sign on to 
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    the network; and
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        (2) subject to subsection (b) of this Section, if the 
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    institution receives 10 or more legally valid notices of 
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    infringement within the preceding year, undertake 
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    reasonable efforts to install and implement a 
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    technology-based deterrent system to attempt to prevent 
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    the infringement of copyrighted works over the 
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    institution's computer and network resources.
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    (b)  Nothing in this Section is intended to prohibit the 
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noninfringing use of copyrighted material by students, staff, 
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and faculty, to restrict an institution's use of copyrighted 
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material under the provisions of Section 107 of Title 17 of the 
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United States Code, or to waive the protections available to 
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Internet service providers under Section 512 of Title 17 of the 
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United States Code.
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    A student or faculty member may request, and the 
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institution may grant in writing, permission to use a 
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particular software application or file that has been 
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prohibited on the institution's computer and network resources 
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under subdivision (2) of subsection (a) of this Section if the 
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institution determines that such use is for academic, research, 
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or other purposes consistent with Section 107 of Title 17 of 
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the United States Code.
 


 






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    (c) Each institution to which subsection (a) of this 
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Section applies shall, by January 15 of each year, report to 
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the Board either (i) that the institution has not received 10 
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or more legally valid notices of infringement within the 
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preceding year from owners of infringed works or their 
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authorized agents or (ii) a detailed description of the 
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reasonable efforts the institution has taken to install and 
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implement a technology-based deterrent system under 
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subdivision (2) of subsection (a) of this Section.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".