Today’s FCC ruling slamming Comcast for throttling BitTorrent traffic over their network is an indicator that more extensive government regulation lies ahead for that wild, anarchic thing we used to call the Internet. But college students across the United States may be logging onto a series of terrible dystopian future-tubes far sooner than everyone else, thanks to the 1,158-page Higher Education Act, which Congress approved yesterday and President Bush will soon sign into law.
Among the slew of new regulations in the bill is a provision originally inserted by Senate Majority Leader Harry Reid that requires all universities to develop “plans to effectively combat the unauthorized distribution of copyrighted material,” including technological tools like network monitoring and packet shaping, and to “offer alternatives to illegal downloading” like the industry approved, DRM infected services from Napster and Ruckus.
That’s right — universities have now been deputized as copyright cops, and the alternative services (which happen to pay big licensing fees to the record industry) have just received a subsidy by fiat. Public choice pressures, anyone?
The law is ambiguous on actually requiring colleges to implement any sort of network surveillance or traffic management tools, although as Will Patry notes, “there is likely to be an effort in the next Congress to mandate these technologies.” That means that although campus networks might not yet be monitored, students should expect more of the fun creative solutions designed by schools like the Missouri University of Science and Technology, which requires students to take an inane “copyright quiz” before allowing limited access to peer-to-peer network connections. Or the slew of schools that now give students a crash course in copyright law at freshman orientation — a complicated subject usually covered in, um, law school.
Shoot me now. In fact, I think I’d actually prefer school snooping to some of the awful anti-piracy programs designed by the academy. After all, our lovable federal government is already listening, so what’s another set of prying eyes?
Copyright is a deeply flawed system, but individuals ought to reasonably respect it, as they do with any other law. What deserves no respect, however, are efforts by media lobbyists to strongarm schools into doing their dirty work with the power of the state.

