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DIGITAL MILLENNIUM COPYRIGHT ACT AT UCLA Statement UCLA complies with the provis

ID: 3592715 • Letter: D

Question

DIGITAL MILLENNIUM COPYRIGHT ACT AT UCLA

Statement

UCLA complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any site on the ucla.edu network, please contact the agent designated to respond to reports alleging copyright infringement.

Designated Agent

The designated agent for the UCLA campus to receive notification of claimed infringement under Title II of the DMCA is:

Mike Story
Chief Information Security Officer (CISO)
Information Technology Services
email: ucladmca@ucla.edu

Telephone: 310-206-8788
Fax: 310-825-9513

UCLA Information Technology Services
BOX 951434
3327 Murphy Hall
Los Angeles, CA 90095-1434

Claims

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HEOA Compliance

Information about UCLA's compliance with the P2P provisions of the Higher Education Opportunities Act of 2008 can be found at www.it.ucla.edu/p2p

Resources

UCLA Policy 464: Online Copyright Infringement Liability Limitation

UC Commitment to Copyright Law

DMCA Designated Agent Form (PDF document)

Digital Millennium Copyright Act Summary from the US Copyright Office (PDF document)

Digital Millennium Copyright Act (PDF document)

Cyber Privacy Act

Ken Chan April 27, 2010

Last week, Congressman Thaddeus McCotter (R-MI) introduced a bill that would require certain Internet websites that contain personal information of an individual to remove such information at the request of the individual.

This bill potentially affects “[a]ny Internet website that makes available to the public personal information of individuals.”

The bill also defines “personal information” as “any information about an individual that includes, at minimum, the individual’s name together with either a telephone number of such individual or an address of such individual.”

Megan’s Law. If this bill passes, the first class of persons that will be seeking relief under the bill would be the people on California’s Megan’s Law website. Interestingly, not all the offenders subject to Megan’s Law qualify. Those with names and addresses listed do, but those with addresses denoted as “Specific address not subject to disclosure”, “transient” or “unknown” do not meet the minimum threshold set forth in the Cyber Privacy Act.

Barack Obama. I did not realize that there were so many Barack Obamas in the United States. Spokeo lists a Barack H Obama in Illinois. The listing displays Michelle Obama as a member of the household, but the profile states “Children: No” and “[i]s not interested in politics,” which should give you a hint about data quality. Spokeo also has a listing for Barack Obama on Pennsylvania Avenue NW in Washington DC. Would this be 1600 Pennsylvania Avenue NW? The data for this Obama is no better: “[i]n a relationship”, no children, and “[i]s not interested in politics.” So, can President Obama get his personal information removed from Spokeo? Well, even though the website does not display his full address, it does make such data potentially available if you sign up to view full results, which may include the name, address, home phone, mobile phone and other personal information. So, Spokeo qualifies as an Internet website that contains personal information. However, like the prior example, not every individual may request to have their information removed from the website, such as if Spokeo is missing the full address or phone number of the individual in their records.

Credit Reports. For credit reporting websites, such as Equifax, Experian, or TransUnion, the Cyber Privacy Act presents a real nightmare. The credit reporting bureaus qualify under the Cyber Privacy Act because they “make available to the public personal information of individuals” in the form of credit reports. These reports definitely contain your personal information, including your name, address (past and present), as well as your phone numbers, unless you fear killer robotsfrom the future and are truly living off the grid. The problem for credit reporting bureaus will occur when people with bad or poor credit start requesting that their credit reports be removed from these databases. Fun! And, so long as the report meets the minimum threshold (i.e., name + phone number or address), the individual may request that all the personal information be removed. No more online credit reports. Back to faxes.

State Bar. If the State Bar has disciplined an attorney, and the attorney does not want the State Bar to publish his or her disciplinary record, the attorney can seek relief under the Cyber Privacy Act because the State Bar of California publishes an attorney’s address, phone number and fax number.

HR 5108 IH

111th CONGRESS

2d Session

H. R. 5108

To require certain Internet websites that contain personal information of individual’s to remove such information at the request of such individuals.

IN THE HOUSE OF REPRESENTATIVES

April 22, 2010

Mr. MCCOTTER introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require certain Internet websites that contain personal information of individual’s to remove such information at the request of such individuals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cyber Privacy Act’.

SEC. 2. REMOVAL OF PERSONAL INFORMATION REQUIRED OF CERTAIN WEBSITES.

(a) In General- Any Internet website that makes available to the public personal information of individuals shall–

(1) provide, in a clear and conspicuous location on the Internet website, a means for individuals whose personal information it contains to request the removal of such information; and

(2) promptly remove the personal information of any individual who requests its removal.

(b) Definition of Personal Information- As used in this Act, the term `personal information’ means any information about an individual that includes, at minimum, the individual’s name together with either a telephone number of such individual or an address of such individual.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Unfair or Deceptive Acts or Practices- A violation of this Act shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(b) Powers of Commission- The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act

Please write synopsis of this article in your own words

Explanation / Answer

Avenue NW in Washington DC. Would this be 1600 Pennsylvania Avenue NW? The data for this Obama is no better: “[i]n a relationship”, no children, and “[i]s not interested in politics.” So, can President Obama get his personal information removed from Spokeo? Well, even though the website does not display his full address, it does make such data potentially available if you sign up to view full results, which may include the name, address, home phone, mobile phone and other personal information. So, Spokeo qualifies as an Internet website that contains personal information. However, like the prior example, not every individual may request to have their information removed from the website, such as if Spokeo is missing the full address or phone number of the individual in their records.

Unfair or Deceptive Acts or Practices- A violation of this Act shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.