#proctorio

[mostlysignssomeportents]

Company that makes millions spying on students will get to sue a whistleblower

Yesterday, the Court of Appeal for British Columbia handed down a jaw-droppingly stupid and terrible decision, rejecting the whistleblower Ian Linkletter’s claim that he was engaged in legitimate criticism when he linked to freely available materials from the ed-tech surveillance company Proctorio:

https://www.bccourts.ca/jdb-txt/ca/23/01/2023BCCA0160.htm

If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/04/20/links-arent-performances/#free-ian-linkletter

It’s been a minute since Linkletter’s case arose, so I’ll give you a little recap here. Proctorio is a massive, wildly profitable ed-tech company that sells a surveillance tool to monitor students while they take high-stakes tests from home. The tool monitors the student’s computer and the student’s face, especially their eye-movements. It also allows instructors and other personnel to watch the students and even take control of their computer. This is called “remote invigilation.”

This is ghastly in just about every way. For starters, Proctorio’s facial monitoring software embeds the usual racist problems with machine-learning stuff, and struggles to recognize Black and brown faces. Black children sitting exams under Proctorio’s gimlet eye have reported that the only way to satisfy Proctorio’s digital phrenology system is to work with multiple high-powered lights shining directly in their faces.

A Proctorio session typically begins with a student being forced to pan a webcam around their test-taking room. During lockdown, this meant that students who shared a room — for example, with a parent who worked night-shifts — would have to invade their family’s privacy, and might be disqualified because they couldn’t afford a place large enough to have private room in which to take their tests.

Proctorio’s tools also punish students for engaging in normal test-taking activity. Do you stare off into space when you’re trying through a problem? Bzzzt. Do you read questions aloud to yourself under your breath when you’re trying to understand their meanings? Bzzzt. Do you have IBS and need to go to the toilet? Bzzzt. The canon of remote invigilation horror stories is filled with accounts of students being forced to defecate themselves, or vomit down their shirts without turning their heads (because looking away is an automatically flagged offense).

The tragedy is that all of this is in service to the pedagogically bankrupt practice of high-stakes testing. Few pedagogists believe that the kind of exam that Proctorio seeks to recreate in students’ homes has real assessment merit. As the old saying goes, “Tests measure your ability to take tests.” But Proctorio doesn’t even measure your ability to take a test — it measures your ability to take a test with three bright lights shining directly on your face. Or while you are covered in your own feces and vomit. While you stare rigidly at a screen. While your tired mother who just worked 16 hours in a covid ward stands outside the door to your apartment.

The lockdown could have been an opportunity to improve educational assessment. There is a rich panoply of techniques that educators can adopt that deliver a far better picture of students’ learning, and work well for remote as well as in-person education. Instead, companies like Proctorio made vast fortunes, most of it from publicly funded institutions, by encouraging a worse-than-useless, discriminatory practice:

https://pluralistic.net/2021/06/24/proctor-ology/#miseducation

Proctorio clearly knows that its racket is brittle. Like any disaster profiteer, Proctorio will struggle to survive after the crisis passes and we awaken from our collective nightmare and ask ourselves why we were stampeded into using its terrible products. The company went to war against its critics.

In 2020, Proctorio CEO Mike Olsen doxed a child who complained about his company’s software in a Reddit forum:

https://pluralistic.net/2020/07/01/bossware/#moral-exemplar

In 2021, the reviews for Proctorio’s Chrome plugin all mysteriously vanished. Needless to say, these reviews — from students forced to use Proctorio’s spyware — were brutal:

https://pluralistic.net/2021/09/04/hypervigilance/#radical-transparency

Proctorio claims that it protects “educational integrity,” but its actions suggest a company far more concerned about the integrity of its own profits:

https://pluralistic.net/2022/02/16/unauthorized-paper/#cheating-anticheat

One of the critics that Proctorio attacked is Ian Linkletter. In 2020, Linkletter was a Learning Technology Specialist at UBC’s Faculty of Education. His job was to assess and support ed-tech tools, including Proctorio. In the course of that work, Linkletter reviewed Proctorio’s training material for educators, which are a bonanza of mask-off materials that are palpably contemptuous of students, who are presumed to be cheaters.

At the time, a debate over remote invigilation tools was raging through Canadian education circles, with students, teachers and parents fiercely arguing the merits and downsides of making surveillance the linchpin of assessment. Linkletter waded into this debate, tweeting a series of sharp criticisms of Proctorio. In these tweets, Linkletter linked to Proctorio’s unlisted, but publicly available, Youtube videos.

A note of explanation: Youtube videos can be flagged as “unlisted,” which means they don’t show up in searches. They can also be flagged as “private,” which means you have to be on a list of authorized users to see them. Proctorio made its training videos unlisted, but they weren’t private — they were visible to anyone who had a link to them.

Proctorio sued Linkletter for this. They argued that he had breached a duty of confidentiality, and that linking to these videos was a copyright violation:

https://pluralistic.net/2020/10/17/proctorio-v-linkletter/#proctorio

This is a classic SLAPP — a “strategic litigation against public participation.” That’s when a deep-pocketed, thin-skinned bully, like Proctorio, uses the threat of a long court battle to force their critics into silence. They know they can’t win their case, but that’s not the victory they’re seeking. They don’t want to win the case, they want to win the argument, by silencing a critic who would otherwise be bankrupted by legal fees.

Getting SLAPPed is no fun. I’ve been there. Just this year, a billionaire financier tried to force me into silence by threatening me with a lawsuit. Thankfully, Ken “Popehat” White was on the case, and he reminded this billionaire’s counsel that California has a strong anti-SLAPP law, and if Ken had to defend me in court, he could get a fortune in fees from the bully after he prevailed:

https://twitter.com/doctorow/status/1531684572479377409

British Columbia also has an anti-SLAPP law, but unlike California’s anti-SLAPP, the law is relatively new and untested. Still, Proctorio’s suit against Linkletter was such an obvious SLAPP that for many of us, it seemed likely that Linkletter would be able to defend himself from this American bully and its attempt to use Canada’s courts to silence a Canadian educator.

For Linkletter to use BC’s anti-SLAPP law, he would have to prove that he was weighing in on a matter of public interest, and that Proctorio’s copyright and confidentiality claims were nonsense, unlikely to prevail on their merits. If he could do that, he’d be able to get the case thrown out, without having to go through a lengthy, brutally expensive trial.

Incredibly, though, the lower court found against Linkletter. Naturally, Linkletter appealed. His “factotum” is a crystal clear document that sets out the serious errors of law and fact the lower court made:

https://drive.google.com/file/d/1aB1ztWDFr3MU6BsAMt6rWXOiXJ8sT3MY/view

But yesterday, the Court of Appeal upheld the lower court, repeating all of these gross errors and finding for Proctorio:

https://www.bccourts.ca/jdb-txt/ca/23/01/2023BCCA0160.htm

This judgment is grotesque. It makes a mockery of BC’s anti-SLAPP statute, to say nothing of Canadian copyright and confidentiality law. For starters, it finds that publishing a link can be a “performance” of a copyrighted work, which meant that when Linkletter linked to the world-viewable Youtube files that Proctorio had posted, he infringed on copyright.

This is a perverse, even surreal take on copyright. The court rejects Linkletter’s argument that even Youtube’s terms of service warned Proctorio that publishing world-viewable material on its site constituted permission for people to link to and watch that material.

But what about “fair dealing” (similar to fair use)? Linkletter argued that linking to a video that shows that Proctorio’s assurances to parents and students about its products’ benign nature were contradicted by the way it talked to educators was fair dealing. Fair dealing is a broad suite of limitations and exceptions to copyright for the purposes of commentary, criticism, study, satire, etc.

So even if linking is a copyright infringement (ugh, seriously?!), surely it’s fair dealing in this case. Proctorio was selling millions of dollars in software to public institutions, inflicting it on kids whose parents weren’t getting the whole story. Linkletter used Proctorio’s own words to rebut its assurances. What could be more fair dealing than that?

Not so fast, the appeals panel says: they say that Linkletter could have made his case just as well without linking to Proctorio’s materials. This is…bad. I mean, it’s also wrong, but it’s very bad, too. It’s wrong because an argument about what a company intends necessarily has to draw upon the company’s own statements. It’s absurd to say that Linkletter’s point would have been made equally well if he said “I disbelieve Proctorio’s public assurances because I’ve seen seekrit documents” as it was when he was able to link to those documents so that people could see them for themselves.

But it’s bad because it rips the heart out of the fair dealing exception for criticism. Publishing a link to a copyrighted work is the most minimal way to quote from it in a debate — Linkletter literally didn’t reproduce a single word, not a single letter, from Proctorio’s copyrighted works. If the court says, “Sure, you can quote from a work to criticize it, but only so much as you need to make your argument,” and then says, “But also, simply referencing a work without quoting it at all is taking too much,” then what reasonable person would ever try to rely on a fair dealing exemption for criticism?

Then there’s the confidentiality claim: in his submissions to the lower court and the appeals court, Linkletter pointed out that the “confidential” materials he’d linked to were available in many places online, and could be easily located with a Google search. Proctorio had uploaded these “confidential” materials to many sites — without flagging them as “unlisted” or “private.”

What’s more, the videos that Linkletter linked to were in found a “Help Center” that didn’t even have a terms-of-service condition that required confidentiality. How on Earth can materials that are publicly available all over the web be “confidential?”

Here, the court takes yet another bizarre turn in logic. They find that because a member of the public would have to “gather” the videos from “many sources,” that the collection of links was confidential, even if none of the links in the collection were confidential. Again, this is both wrong and bad.

Every investigator, every journalist, every critic, starts by looking in different places for information that can be combined to paint a coherent picture of what’s going on. This is the heart of “open source intelligence,” combing different sources for data points that shed light on one another.

The idea that “gathering” public information can breach confidentiality strikes directly at all investigative activity. Every day, every newspaper and news broadcast in Canada engages in this conduct. The appeals court has put them all in jeopardy with this terrible finding.

Finally, there’s the question of Proctorio’s security. Proctorio argued that by publishing links to its educator materials, Linkletter weakened the security of its products. That is, they claim that if students know how the invigilation tool works, it stops working. This is the very definition of “security through obscurity,” and it’s a practice that every serious infosec professional rejects. If Proctorio is telling the truth when it says that describing how its products work makes them stop working, then they make bad products that no one should pay money for.

The court absolutely flubs this one, too, accepting the claim of security through obscurity at face value. That’s a finding that flies in the face of all security research.

So what happens now? Well, Linkletter has lost his SLAPP claim, so nominally the case can proceed. Linkletter could appeal his case to Canada’s Supreme Court (about 7% of Supreme Court appeals of BC appeals court judgments get heard). Or Proctorio could drop the case. Or it could go to a full trial, where these outlandish ideas about copyright, confidentiality and information security would get a thorough — and blisteringly expensive — examination.

In Linkletter’s statement, he remains defiant and unwilling to give in to bullying, but says he’ll have to “carefully consider” his next step. That’s fair enough: there’s a lot on the line here:

https://linkletter.opened.ca/stand-against-proctorios-slapp-update-30/

Linkletter answers his supporters’ questions about how they can help with some excellent advice: “What I ask is for you to do what you can to protect students. Academic surveillance technology companies would like nothing more but for us all to shut up. Don’t let them silence you. Don’t let anyone or anything take away your human right to freedom of expression.”

Today (Apr 21), I’m speaking in Chicago at the Stigler Center’s Antitrust and Competition Conference. This weekend (Apr 22/23), I’m at the LA Times Festival of Books.

[Image ID: A girl working on a laptop. Her mouth has been taped shut. Glaring out of the laptop screen is the hostile red eye of HAL9000 from '2001: A Space Odyssey.' Behind them is a tattered, filthy, burned Canadian flag.]

Image: Ingo Bernhardt https://www.flickr.com/photos/spree2010/4930763550/

CC BY 2.0 https://creativecommons.org/licenses/by/2.0/

Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

Eleanor Vladinsky (modified) https://commons.wikimedia.org/wiki/File:Canadian_flag_against_grey_sky.jpg

CC BY 4.0 https://creativecommons.org/licenses/by-sa/4.0/deed.en

#pluralistic #security through obscurity #copyfight #education #cdnpoli #whistleblowers #pedagogy #canada #intimidation #corruption #slapp #ian linkletter #proctorio #censorship #remote invigilation

[lightoutonfifth]

*Starts proctorio up for exam*

"Alright, who's ready to cry on camera?"

#journal #proctorio

[reportwire]

Students Say Room Scans During Online Tests Are Invasive. Now a Judge Agrees.

Students Say Room Scans During Online Tests Are Invasive. Now a Judge Agrees.

2022-08-24 17:11:13 A federal district-court judge ruled on Monday that room scans — a component of many online-proctoring services — violate the Constitution. Judge J. Philip Calabrese of the U.S. District Court for the Northern District of Ohio sided with the plaintiff in a ruling that’s been described by some legal observers as injecting a note of caution about the use of the controversial…

View On WordPress

#Honorlock #online learning #Proctorio #ProctorU #Technology

[mesimees]

Look drinking stuff out of jam jars instead of cups and mugs is absolutely decadent and it gives me a tiny bit of joy in These Times but HOOO boi does it make me appreciate the fact that mugs have handles bc ouch coffee hot

#started drinking out of this jar during lockdowns when we had online exams and your camera needed to be on #you were allowed to drink but only out of clear containers #i wanted coffee dammit. so i couldnt drink out of a mug bc ohno what if i had a lil scuba diver in there who whispered me the answers #so jar it was #best part is i still found at least 3 ways to cheat with that but ok #instead i just wrote fuck proctorio (the proctoring program we used) on it in black ink so that as i drank from it you'd start seeing it #guess what it didn't get flagged so noone cared (or presumably saw) that i wrote things on there #proctorio was so easy to cheat i have so much hate for this thing #luckily i only had a couple online exams that were outside my major bc my major which is AI of all things profusely objected to using it #bc they saw all the things that were wrong with using a program like this. which is.. a lot #youd THINK that the rest of the school or even faculty would listen to the AI EXPERTS about the AI SOFTWARE #and maybe think twice about using it??? #they didn't. #me #my post

[dreastmilk]

everything good ??

this fucking professor and his stupid assignments and his fucking proctorio bullshit I HATE YOU GIVE ME BACK MY OTHER GUY

#akiranswering #druppy-irl #sorry I'm upset at one of my professors #he uses proctorio but for some reason his quizzes are the only ones I've been having issues accessing #like the other professors who use it? no issues #this guy?? fuckkk

[sweet-as-kiwis]

Exam 1/3 completed!

#okay so it really sets the mood when. right before marchin off to take a midterm. you figure out you got a 58% on Another midterm #better than my first run of accounting but AH #AND THEN. FUCKIN. OKAY SO #MARKETING EXAM IS BEING TAKEN THROUGH PROCTORIO. PROCTORIO FLAGS YOU IF THERES TOO MUCH NOISE GOING ON #THERES BEEN. A FUCKING DRILL. GOING OFF DIRECTLY OUTSIDE MY DOOR. FOR 45 MINUTES NOW. #ADDITIONALLY. MY COMPUTER FUCKING CRASHED HALFWAY THROUGH #LEADING TO ME FRANTICALLY EMAILING MY PROFESSOR #thankfully it just let me back in #BUT THEN PROF KEPT EMAILING ME. AND I WAS LIKE WELL SHIT HES SENT ME THREE DIFFERENT SOLUTIONS NOW I GOTTA TELL HIM WE GOOD #SO PROCTORIO HAS VIDEO EVIDENCE OF ME GOING ON MY PHONE CAUSE I HAD TO EMAIL HIM BACK #SO IM LIKE I FUCKING PROMISE IM NOT CHEATING I PROMISE #IF I WERE SHEATING I WOULDVE GOTTEN HIGHER THAN A 67% FUCKING PERCENT #WHICH IS ALSO ONCREDIBLY DISSAPOINTING GIVEN HOW MUCH I STUDIES #BUT HE DID SAY CLASS AVERAGE IS ALWAYS JUST UNDER A 70% SO SURE I GUESS #BUT LIKE #DRILL. PLUS COMPUTER CRASHING. PLUS PRIMED BY ACCT EXAM. THIS WAS NEVER GONNA GO WELL HUH #AND NOW I HAVE TO GO TO CLASS? LIKE I DONT WANNA CRY MY EYES OUT??? #AND THEN STUDY FOR A FUCKING FINAL??? AND THEN MARCHC OFF TO ANOTHER GODFORSAKEN MIDTERM????? #please let me REST #I can’t even take a nap because THEYRE STILL FUCKING DRILLING SHIT #I KNOW THEYRE TRYNA FIX THE WATER PIPE LEAK I KNOW #BUT I ALSO KNOW IT AINT FUCKING WORKING BECAUSE I CAN STILL HEAR IT DRIPPING #at least I get to go home Wednesday I miss Daisy and I get to see my friends #and hopefully my water bottle comes in today or tomorrow #please #I need Something nice #I Beg #why is college like this

[galariangengar]

💭

#tbh this professor for this online pharmacology class sucks and has a stick up her ass #like what’s the point of having us do discussion and quizzes on videos if you’re emphasizing to study these dumb flash cards??? #she’s also hella strict with the discussions too and like for what??? #requiring us to format original posts and replies a specific way/including a word count/ being strict of citations/etc #like this whole class could just be memorizing flash cards and takins exams tbh since nothing else really matters #and again I’ve never had an online class that proctored exams/quizzes require us to do a desk scan before??? #it’s dumb af/I gotta lift my whole laptop to do the desk/workspace #I’m gonna be mad if she’s says anything about me working on my dad’s desk/office cuz his computers are off and I removed his notes/notebooks #i still don’t know if I did it right tbh but I tried to show the desk and that no notes or papers were around #idk I’m a bit anxious that she’ll email me and make me take a new quiz with new questions cuz that’s what she threatened us with #but also I only looked at my computer screen/ I didn’t look off to the side or anything like other people did on the 1st quiz #although tbh I did write a couple things on my left hand but I never looked at it #but I’m a little worried if I adjusted my glasses with my left hand and if it’ll flag that my left had had stuff inside… #although proctorio I think only flags of you look off to the side and away from your computer screen which I didn’t… #idk I’m probably overreacting and overthinking… I did good on the quiz and got 14/15 and I did remember the material #jazz uses curse! 💜

[take-my-class]

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#mba essay #take my class #take my proctored exam #pay someone to take my class #pay for online class #do my proctored exam #write my exam for me #pay for online classes #how to cheat proctorio #how to cheat #proctorial disabled my keyboard #take my exam #pay for essay writing #do my classes online for me

[sevensdeadly-if]

Proctorio is a piece of shit and I hope it dies. I just had a fuvking panic attack on camera because the stupid shit wouldn’t work for me to take my final for Spanish. I had to finally shut down my computer and turn it on only to have 30 minutes left to take the test. I emailed my professor the whole fucking time though. I know I got flagged in so many parts from me using my phone to email and my parents coming in to try and help. I fuvking hope he’s understanding of that

I’m not having a good time yall

#author talks #probably delete later #not having a good time

[brillemos]

People I wanna know better tag meme

tagged by @supernovasimplicity thank you so much 🥰

Last song? I've been listening to a random mix of k-pop songs on repeat lately, I just checked and it was XG - SHOOTING STAR.

Favourite colour? I love dark blue/navy (so yeah I like tumblr's color lol)

Currently watching? Nothing tbh lol but I was watching Loki Season 2 which just ended. I get it if you don't care about the MCU anymore, I don't either really, but I really enjoy the Loki series in particular. I wasn't even much of a fan of Loki the character beforehand lol I just love time travel and multiple timelines/universes

Last movie? Mine was also Red White and Royal Blue!

Sweet/Spicy/Savoury? I have a huuuuge sweet tooth and always have. Though by that I really mean chocolate, not including white chocolate. There's a lot of non-chocolate sugary stuff that I don't like

Relationship status? Perpetually single, but I also haven't used dating apps in years and I don't go outside so that's on me lol

Current obsessions? Not really obsessed with anything in particular at the moment despite what my tumblr may look like. I might reblog something a lot, like OFMD, without being obsessed with it. Though sometimes it does mean I'm obsessed, like when Good Omens S2 came out lol.

Otherwise, I volunteer with OTW, specifically with Open Doors, and I've recently been a bit obsessive with some programming projects I've been working on for them. I already work full-time as a programmer btw, I do this shit for fun, because I'm a nerd lmao

Last thing you googled? "proctorio reddit" because today was my registration day at a community college and I was debating whether to stick with a "hybrid" class (basically meaning only exams are in person everything else is online) or going with a fully online course with online proctoring. I'm still undecided tbh but online proctoring sounds like a nightmare so I'll probably stick with hybrid. This is for Calculus 2 btw lol I'm in Calculus 1 right now. I didn't get a computer science degree (long story) so that's why I haven't taken calculus before. I am taking these classes for fun as well because I'm that much of a nerd.

Selfie? While I have posted selfies here before I think I probably shouldn't post my full face here either, so I grabbed a spooky mask

Since it's night time my eyes don't look as blue as they would during the day but oh well.

Tagging @wecanbepirates @starrla89 @awff7 @chrryblssmninja and anyone else who wants to! Also feel free to ignore lol

#bri speaks

[ghost-bonezz]

my ra is the person who found out proctorio's facial recognition was racially biased and now she has to email her professors when they try to use it for exams saying she can't take the exam that way otherwise she'll get in legal trouble

#slay

[assignmentshelpcenter]

Math|Stats Homework Help Discord Server

Join Our Discord Server

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[horsegirl]

dropping this stupid class because its demanding i use google chrome and proctorio fuck you!!!

[ranvwoop]

I have finals coming up soon and something is wrong with my computer microphone which I need in order for proctorio to let me take the tests and nothing is working to fix whatever is wrong with it and I am panicking

oh no D: I hope you get it working!! does your computer have a default mic built in or something just in case? (I think most laptops do even if they're not like. good). other than that D: good luck friend.

#vwoop.answers #☆mairen☆ #recorded exams are such a hassle > < i hope it works out #i think there are ways to use a smartphone as a mic? but im not very knowledgeable about it ;;

[hackernewsrobot]

“Proctorio detected none of the cheating students” [pdf]

https://ris.utwente.nl/ws/portalfiles/portal/275927505/3e2a9e5b2fad237a3d35f36fa2c5f44552f2.pdf Comments

[jankwritten]

fuck college classes that use honorlock/proctorio. i shouldn't have to fucking show my DRIVER'S LICENSE every FUCKING time I need to take a quiz in this class. I shouldn't have to turn off my fan and fear if my eyes accidentally flicker off the screen for a second too long that I'll fully fail. I fully understand that professors are trying hard not to have students cheat, but holy SHIT when it's going to that lengths??? it's like they aren't aware that out in the "real world" we're going to have our phones.

I understand that in a foreign language class maybe it's different (the class in particular I'm taking is ASL) but I'm literally terrified to even try doing the signs myself while I'm taking the quiz because I don't know if the stupid software is going to flag that as me cheating or not.

Also while I'm on it, FUCK AMERICAN SCHOOLING for making me think that getting all As in my classes is more important than my FUCKING MENTAL HEALTH. It's two weeks into the summer semester and I think I've had a panic attack just about every other day trying to get all of my work done even when I don't understand half of what I'm doing because I'm trying DESPERATELY to get an A and keep my 4.0. Fuck a fucking 4.0 if it means I cry after every class session. Fuck a 4.0 if it means I can't feel my hands after I take a 12 question quiz. Fuckin' A.

#not pjo #i need to go to sleep #i'm so angry though lmao #like if I fail even one of these classes this semester I don't graduate too #and if I fucking fail because my professor (who is a self proclaimed moron when it comes to tech BTW) used a proctoring program #that detected my fidgeting as CHEATING #i will commit heinous #HEINOUS crimes