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Procedures for DMCA Pre-Subpoena Letters

Copyright holders or their agents may issue letters to the local DMCA agent which threaten to be a precursor to a formal DMCA subpoena. This document details the procedures currently in place in dealing with such letters.

  1. Procedure for IT device which is privately owned, i.e. not UB property.
    • An email is sent to the address of the person who is determined to have been logged in during the alleged violation. This email will contain a copy of the pre-subpoena letter, and will include some friendly advice to seek counsel for further advice.
  2. Procedure for IT device which is owned by UB.
    1. DMCA agent notifies CIO.
    2. Computer Discipline Officer (CDO) confers with SUNY counsel.
    3. CDO notifies the appropriate node IT administrator.
    4. All parties need to keep the issue confidential, and dispense information on a need-to-know basis.
    5. The node IT director will have all undesired P2P applications removed on the offending machine.
    6. The node IT director removes sharing permissions from allegedly offending files. The number of such files needs to be determined and reported to the CDO. This determines the extent of UB's potential liability.
    7. The node IT director should make copies of all unauthorized copyrighted materials to a storage device external to the offending machine. This copy is to be held in a secured location.
    8. The node IT director determines the user of the machine based on the IP address and the time stamp provided within the letter. That user should be notified of the pre-subpoena letter, and provided with a copy. If the owner cannot be determined, it needs to be articulated as to why. In either event, a brief note should be sent to the CDO.
    9. The node IT director should report the mac address of the original machine to the CDO.
    10. All of the above email to the CDO should be under separate cover, so that information can be released as needed.
    11. All parties wait until the subpoena arrives.

University at Buffalo's designated DMCA agent:

Jeff Murphy
Interim Information Security Officer
University at Buffalo
201b Computing Center
Buffalo, New York 14260
Phone: (716) 645-3670

University at Buffalo's Computer Discipline Officer:

Michael J. Behun, Jr.
University at Buffalo Information Technology
201c Computing Center
Buffalo, New York 14260
Phone: (716) 645-7739

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