UNDERGRADUATE ASSOCIATION CAMBRIDGE, MASSACHUSETTS 02139
OFFICE OF THE SPEAKER ROOM W20-401 (617) 253-2696
40 U.A.S. 4.1
Resolution for MIT Support against RIAA Threats
Whereas, the Recording Industry Association of America (RIAA) has notified MIT and other
universities of its intention to continue to sue students for infringing their members' copyrights;
and
Whereas, Preservation Requests are notifications to an ISP that a subpoena may be served on it
seeking information about a user’s network activity, which request that the ISP preserve
information about that user’s activity; and
Whereas, Pre-Litigation Settlement Letters are letters directed to a user indicating that he or she has
violated copyright laws and offering an opportunity to settle the claim at a “significantly
reduced amount” compared to the judgment a court might enter; and
Whereas, MIT currently receives both types of letters from the RIAA;
Whereas, it is currently MIT’s policy to forward these notices to the users identified in the letters1;
and
Whereas, other universities have refused to forward such notices2 on the grounds that the RIAA’s
tactics are threatening and abusive, and that it is inappropriate for the university to police
students on behalf of the RIAA; and
Whereas, it is currently MIT’s policy to provide information when subpoenaed instead of serving a
motion to reject the subpoena3; and
Whereas, other universities have fought subpoenas; and
Whereas, the tactics of the RIAA, MPAA, and other content owners are threatening and abusive; and
1
From “MIT Warns on Unauthorized File Sharing,” electronic letter sent by then-Dean for Student Life Larry Benedict
to MIT students, April 2, 2008: “It has been MIT's practice to forward these notices to the identified users. However,
MIT does not provide any identifying information to the content owner such as the RIAA unless it is required by a
legally enforceable and valid subpoena.”
2
Among these universities are the University of Wisconsin and the University of Maine. To explain their policy, here
are some quotes. From Brian Rust, UW IT: "These settlement letters are an attempt to short circuit the legal process to
rely on universities to be their legal agent." From John Diamond, UM spokesperson: "It's not the university's role to, in
effect, serve papers on our students for another party."
3
Same as note 1. “After providing appropriate notice to the students of the subpoenas and ensuring that the subpoenas
are valid, MIT is legally required to provide the information sought by the valid subpoenas.”
_________________________ _________________________
Jason Forte '09 Noah Jessop ‘09
UA Senate Speaker UA President
UNDERGRADUATE ASSOCIATION CAMBRIDGE, MASSACHUSETTS 02139
OFFICE OF THE SPEAKER ROOM W20-401 (617) 253-2696
Whereas, it is inappropriate for MIT to assist these content owners in distributing these threatening
notices, both because they represent a special interest outside of the Institute’s scope and
because the policy of helping them puts the Institute in an unfair position of threatening its
students; and
Whereas, MIT’s current policy is inconsistent with the commitment that MIT has made to student
life, student advocacy, and intellectual freedom:
Be it resolved, by the Undergraduate Association assembled in Senate:
That President Susan Hockfield and her staff re-examine MIT’s policy with respect to the RIAA, the
MPAA, and other content owners issuing letters or subpoenas; and
That the Undergraduate Association, on behalf of the MIT undergraduate student body, recommends
that MIT refuse to forward preservation requests and pre-litigation letters and that MIT fight
subpoenas; and
That the UA Committee on Student Life be tasked with the responsibility of investigating the issue
and developing a set of recommendations; and
That the UA Committee on Student Life update the Senate on the status of this project four months
from this date, on March 17, 2009, or on the next Senate meeting following that date.
Respectfully submitted,
Keone Hon
Senator from Fraternities
_________________________ _________________________
Jason Forte '09 Noah Jessop ‘09
UA Senate Speaker UA President