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Congress talks tough on campus downloading... - November 15, 2007

but stops short of actually penalizing colleges and universities that don't comply.

On Thursday, the House Education and Labor Committee passed the College Opportunity and Affordability Act, which contains a provision within its more-than 700 pages that sort of requires universities to develop plans to offer students "alternatives" to illegal file-sharing on campus networks and to investigate ways to block it.

Here's the text of the section in question:

`(a) In General- Each eligible institution participating in any program under this title shall to the extent practicable--

`(1) make publicly available to their students and employees, the policies and procedures related to the illegal downloading and distribution of copyrighted materials required to be disclosed under section 485(a)(1)(P); and

`(2) develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity.

Education groups are upset over the provision because they fear it will impose significant new costs on colleges and universities (all that plan-developing and investigating) at a time when money for higher education is tight. It also strikes them as beyond the legitimate scope of the mission of colleges and universities.

"The federal government should not require nonprofit educational institutions to develop plans to help for-profit industry earn more profit from students," Matt Owens of the Association of American Universities told the Capitol Hill publication Roll Call.

But it's unclear how big the threat really is. The section does not actually provide for any penalties should schools be found not in compliance, and that "to the extent practicable" bit provides obvious wiggle room. The section also goes on to authorize the Secretary of Education to make grants to schools that may be interested in investigating new and better ways of blocking illegal file sharing.

Similar language is contained in the Senate version of the bill passed in July, without the grant authority.

Media Wonk would call it a case of Congress preparing to lean on colleges and universities without actually putting a gun to their heads. Whether the federal government should be providing the muscle for private interests in what is essentially a business dispute is another question.

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