There are identity requests, and take downs. Identity requests are frequent and come with little to know liability. Take downs are less frequent, but failing to take down protected content makes the service provider liable. Or plan for take downs when we can’t identify a user is to block the device. If we can’t identify either we’ve got a liability problem. It may not be a large risk, but I don’t think our lawyers will like it.
From: The EDUCAUSE Wireless Issues Community Group Listserv <WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU> On Behalf Of Julian Y Koh Sent: Thursday, August 06, 2020 10:59 AM To: WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU Subject: Re: [WIRELESS-LAN] MAC Randomization, a step further... On Aug 6, 2020, at 09:51, Enfield, Chuck <cae...@psu.edu<mailto:cae...@psu.edu>> wrote: How can we fulfill DMCA requirements when we can’t even identify a device, let alone the user? If you want to remain anonymous, use a different network. IANAL, and I don’t even play one on TV, but my admittedly old understanding of the DMCA is that it’s not necessarily mandating that you have to be able to identify every single device on your network. Indeed, some institutions’ responses to DMCA notices has been that they don’t have the necessary information to be able to take action. So IMO, assuming (which is dangerous) that I’m correct, that if MAC randomization puts an undue burden and/or large obstacles on your ability to track down a device/user and cut it off from the network, the DMCA alone shouldn’t be seen as a mandate to try to disable MAC randomization. -- Julian Y. Koh Associate Director, Telecommunications and Network Services Northwestern Information Technology 2020 Ridge Avenue #331 Evanston, IL 60208 +1-847-467-5780 Northwestern IT Web Site: <http://www.it.northwestern.edu/<https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.it.northwestern.edu%2F&data=02%7C01%7Ccae104%40PSU.EDU%7Cbb94cb7e13a643e92b3c08d83a19517d%7C7cf48d453ddb4389a9c1c115526eb52e%7C0%7C0%7C637323227705623251&sdata=TnloADAw118uF8UF0WBRnfqL0fOJNgfjLMjQMtrTFKw%3D&reserved=0>> PGP Public Key: <https://bt.ittns.northwestern.edu/julian/pgppubkey.html<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbt.ittns.northwestern.edu%2Fjulian%2Fpgppubkey.html&data=02%7C01%7Ccae104%40PSU.EDU%7Cbb94cb7e13a643e92b3c08d83a19517d%7C7cf48d453ddb4389a9c1c115526eb52e%7C0%7C0%7C637323227705623251&sdata=YGp3QvGhzeuy4IA3ZXzhXNJlUJnQ%2FN%2Fl1Nk5tIQSakg%3D&reserved=0>> ********** Replies to EDUCAUSE Community Group emails are sent to the entire community list. If you want to reply only to the person who sent the message, copy and paste their email address and forward the email reply. Additional participation and subscription information can be found at https://www.educause.edu/community<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.educause.edu%2Fcommunity&data=02%7C01%7Ccae104%40PSU.EDU%7Cbb94cb7e13a643e92b3c08d83a19517d%7C7cf48d453ddb4389a9c1c115526eb52e%7C0%7C0%7C637323227705633208&sdata=jm59TBi7zaabxgoDYBcnnb6P5feRwtGIEIMnZOaDazM%3D&reserved=0> ********** Replies to EDUCAUSE Community Group emails are sent to the entire community list. If you want to reply only to the person who sent the message, copy and paste their email address and forward the email reply. Additional participation and subscription information can be found at https://www.educause.edu/community