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'Meritless': Exam software maker under fire for suing teacher who tweeted links to biz's unlisted YouTube vids

(2021/02/25)


Analysis A copyright-infringement lawsuit brought against a university staffer by Proctorio – a maker of software that monitors students during online exams – was this week dubbed "meritless" by an EFF analyst.

"Proctorio should cease its efforts to muzzle critics," the foundation's Joe Mullin added.

[1]

Last September, Ian Linkletter, a learning technology specialist at the University of British Columbia (UBC) in Vancouver, Canada, was sued by the US software developer for allegedly breaking copyright law.

How exactly? By linking to the corporation's unlisted but publicly accessible YouTube videos in a series of tweets criticizing the surveillance software.

[2]

Proctorio also [3]accused Linkletter of circumventing technological measures used to protect its Help Center documentation, and that he encouraged others to share this information. And it claimed in the lawsuit, lodged in Canada, that the staffer violated a confidentiality agreement under the terms that Proctorio's software was licensed to his employer, UBC.

Linkletter denied any wrongdoing in an affidavit

[4]Google Drive

filed in his defense in October. He also said he's concerned about the ethical and privacy implications of Proctorio's invigilation software, which watches students via their webcams as they take tests online to spot what may be signs of cheating – such as looking off to the side where notes might be. The biz describes its technology as a "learning integrity platform."

I am concerned that misuse or misunderstanding of this technology could lead to academic discipline for honest students, and unnecessary stress for everyone

"Proctorio uses an opaque proprietary system to measure 'behavior', calculate 'abnormalities', and then assign a 'suspicion level' to each student," Linkletter stated in his court filing. "I am concerned that misuse or misunderstanding of this technology could lead to academic discipline for honest students, and unnecessary stress for everyone."

He further argued the software provokes anxiety among students, presents barriers to the disabled, and incorporates racist and sexist biases.

As for what Linkletter tweeted last year, here's an example: "This video from Proctorio’s YouTube channel shows how the Abnormal Eye Movement function works. This is the one that will show you, beyond a doubt, the emotional harm you are doing to students by using this technology."

After the videos he highlighted were removed by the software developer from YouTube, he tweeted: "Proctorio is afraid. They are afraid of students. They are afraid of the truth. They are afraid of what they have made."

Such sentiment appears to be widespread. At California State University Fullerton, University of Colorado Boulder, Miami University, and University of Tennessee Chattanooga, in America, students have petitioned against the use of proctoring software, which has seen growing interest from academic institutions as remote learning has been normalized in the coronavirus pandemic. So too have [5]students at City University of New York. UC Berkeley last year decided against

[6]PDF

using remote proctoring products.

Uni revealed it killed off its PhD-applicant screening AI – just as its inventors gave a lecture about the tech [7]READ MORE

Linkletter has managed to raise over $50,000 to fund his legal defense against Proctorio through a [8]GoFundMe campaign.

Among donors, there's a sense of indignation over Proctorio's legal tactics. "It is unacceptable for the law to be used in this way to suppress criticism of a product that students are being forced to load on their private computing technology," wrote an individual identified as Mark Lawes. "This must be challenged."

The EFF's policy analyst Joe Mullin labeled the lawsuit a SLAPP, a term for legal challenges engineered primarily to silence someone. "Proctorio’s legal attack on Ian Linkletter is meritless," Mullin wrote on Tuesday in a [9]blog post . "It’s a classic SLAPP, an acronym that stands for Strategic Lawsuit Against Public Participation."

The software company has also used the Digital Millennium Copyright Act (DMCA) in the US to try to remove critical tweets from a [10]student at the University of Miami. Twitter eventually [11]restored the student's posts.

The Register asked Proctorio to comment, and a spokesperson told us the biz is "pursuing an injunction to protect our intellectual property and prevent unauthorized use of confidential information.”

Many countries including America and Canada have [12]anti-SLAPP statutes that aim to deter litigation that relies on dubious legal claims to stifle criticism. The province of British Columbia has the 2019 Protection of Public Participation Act ( [13]PPPA ), under which Linkletter hopes to have Proctorio's claim dismissed.

[14]

Mullin said Linkletter's case will be a test of whether the PPPA is effective in defending against SLAPPs. ®

Get our [15]Tech Resources



[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YDfXreHApTZvLSLSSGnfJQAAAAE&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YDfXreHApTZvLSLSSGnfJQAAAAE&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[3] https://www.ubyssey.ca/news/proctorio-sues-linkletter/

[4] https://drive.google.com/drive/folders/1OjxaRjRfe0BLh_A6rcyc9lCmdfZ5nEm-

[5] https://fightfortheftr.medium.com/city-university-of-new-york-students-collect-27-000-signatures-against-invasive-surveillance-policy-56613af48325

[6] https://academic-senate.berkeley.edu/sites/default/files/guidance_and_recommendations_from_the_working_group_on_exams_and_proctoring.pdf

[7] https://www.theregister.com/2020/12/08/texas_compsci_phd_ai/

[8] https://www.gofundme.com/f/stand-against-proctorio

[9] https://www.eff.org/deeplinks/2021/02/student-surveillance-vendor-proctorio-files-slapp-lawsuit-silence-critic

[10] https://twitter.com/ejohnson99/status/1303121786637373443

[11] https://twitter.com/ejohnson99/status/1324542661991239681

[12] https://en.wikipedia.org/w/index.php?title=Strategic_lawsuit_against_public_participation&oldid=1008567928

[13] https://www.canlii.org/en/bc/laws/stat/sbc-2019-c-3/latest/sbc-2019-c-3.html

[14] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YDfXreHApTZvLSLSSGnfJQAAAAE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[15] https://whitepapers.theregister.com/

Anonymous Coward

Am I the only one that thinks closed book exams are not that relevant any more? Certainly in most work sectors you have others to bounce off, and we now have access to a massive library of cat videos at our fingertips, not to mention all the information in the world.

So what if someone passes tests by reading notes or using a calculator. Students need to be taught how to learn, how to research, how to work.

John Riddoch

I sat my French exams in 89 & 90 with an English-French dictionary to hand. Theory was that if you were bad enough to need the dictionary too much, you'd lose time looking up words to be able to finish the exam in time. You needed the base vocabulary and could look up the odd word which doesn't come up often.

I've also done an IT technical interview where I could use Google as much as I wanted; was stuff like "configure Tomcat to do XXX" or "this MySQL DB isn't working, go fix it", so it was useful for looking up the obscure error messages or "how to" bits for things I hadn't done before on Tomcat.

I've also had to sit certification exams where some of the specific knowledge you need is obscure and not required very often, so it seemed odd to include it in such an exam. I could have found the answers quickly in the documentation, but that wasn't allowed.

John Robson

There is space for both sorts of tests - in the same way that there is space for both with and without calculator maths examinations.

They are testing two different things, one is testing your recall of the basic foundations of the subject, which you shouldn't need reference material for - the other is your ability to understand the topic, know it well enough to get to the correct place in the reference material and put forward a reasoned argument for something much deeper than could be achieved in a closed book exam.

In terms of the calculator I very rarely type anything into a calculator without having done the mental arithmetic to know what sort of number I am expecting to see come out (order of magnitude, approximate value of first digit, should it be rational...). And that's a key skill, for which explicit mental arithmetic training and testing should be encouraged.

big_D

The thing is, you need a base of knowledge on a subject to be able to tell whether the information you are looking up is relevant or accurate. This is something that is severely lacking among a large number of people these days.

But the exam is there to see how much you have learnt, do you actually know the subject being taught. It isn't an exam to see if you can look up random topics online. I do agree that they need to learn how to learn and how to do research, but that is not what an exam is there for; it is there to see if they have managed to learn and do their research.

I use search engines regularly to supplement my knowledge - the key being supplement. If I spent all of my time just browsing forums and reading online articles, I'd never get any work done. That basic knowledge has to be there to start with.

Quite Agree: memory exams are mostly useless

Fonant

All my University Mechanical Engineering exams were open-book. You could take anything you liked into the exam, so long as it wasn't too big and you could carry it. Books, notes, calculators.

This meant you had to really understand the subject, and know where to look for answers. Just like in the real world. No engineer would rely solely on memory, so why would testing that ability be of any use?

This was way back in the 1980's, it's not a new concept.

Re: Quite Agree: memory exams are mostly useless

onemark03

Agree entirely.

I sat some (non-tech-related but UK-based) open-book examinations back in the early noughties. IMHO, they are a two-edged sword. It's nice to be able to look things up BUT you still need to know your stuff otherwise you waste (a) valuable exam-time looking things up and (b) checking-time at the end. Consequently, the pass-mark was 60%, not 50%.

Re: Quite Agree: memory exams are mostly useless

DarkwavePunk

I think there's a certain prudishness against open book exams. Wen I waz studaying tu be a Enjinear in the early '90s it was really dependent on the department or even teacher as to whether it was allowed.

As you say, you need to know the foundations to make any sense of reference material in the first place.

Also fuck Materials Engineering for making me remember entire sets of Phase Diagrams off by heart. No disrespect to any Materials Engineers out there and fortunately enough alcohol has been consumed to erase most of my memory of such things past gone.

WolfFan

I trained as an electrical engineer, at that time the university I went to didn’t have a separate IT degree. This meant that in addition to computer-type courses (FORTRAN, PL/1, C, programming logic, networks, etc.) I had to take the likes of electromagnetic field theory and electrophysics. Emag FT was extremely annoying. We were allowed to take a cheat sheet in (actually, up to four pages) with stuff of our choice which we thought might be useful. But… if you knew where to look for the correct what’s it, odds are that you already knew the correct what’s it, and looking it up just wasted time. And the tests were written expecting that we would have certain items either in our heads or on the cheat sheet, so that’s more like _required_ than allowed. I will say that knowing how antennae behave (and what an antenna is, it’s amazing how few know all the things which can be considered to be antennae… hint: that USB keyboard cable is an antenna….) made tracking certain network problems down easier. I still have the emag FT textbook… (I dumped the ephys text within five minutes of getting out of the final…)

Which is it?

nematoad

Protorio or Proctorio?

It comes across as a bit slapdash when the name of the subject of the piece seems to vary. I found that the impact of the discussion was lessened because of the inconsistency.

Nitpicking perhaps but this sort of thing is something that should be spotted before publication.

Oh, one last point. If the name of the company is Proctorio is their application called Proctoscope?

Re: Which is it?

Chris G

In the States, proctors is the term given to invigilators at exams.

I am now wondering if the study of proctors would be proctology the same word as that used to describe the study of arseholes.

Prst. V.Jeltz

What i find amazing about this story is that a company is actually selling sofware that claims to invigilate and detect cheating by looking into the students eyes.

also amazing that anyones bought it!

Its a great idea , but shurley to anywhere near usuable it would need another 20 years R&D

We've barely mastered face or voice recognition thus far after decades of trying

AndersH

I would guess the people making the purchase decision probably have no background in tech. They simply believe the sales pitch.

Dave314159ggggdffsdds

It isn't sold as being able to tell if someone's cheating. Just to suggest targets for observation by humans.

As long as the results are treated as being largely false-positives by whoever is getting them, it's no different to what invigilators do in exam halls when they look for e.g. students who aren't looking down at their desks, and watch them for a minute to check they're staring into space and thinking, rather than trying to crib answers.

But the computer says...

Electronics'R'Us

What you state may be the guidance, but the reality (I seem to recall some coverage of this a little while ago) is that it is used specifically to identify 'suspicious' activity and that is accepted by the shoe size IQ operator as 'cheating'.

America is never shy

Alan Bourke

of trying to throw pills or technology at problems that would be better tackled by addressing the root cause.

KittenHuffer

It is a great idea, and stop calling me Shurley!

Dr Scrum Master

Presumably it's tracking pupil movement to see if the examinee is looking at concealed notes, etc.

Warm Braw

Is there any aspect of education that hasn't been diminished by corporate rapacity?

I'm old enough to still find it breath-taking that students' "learning" is now barely more than a grudging, copyright-controlled loan from an educational megacorporation and that they're being deliberately inculcated with the notion that their future is inevitably subject to Orwellian surveillance.

There was a time education was specifically about the opposite.

gobaskof

"Proctorio uses an opaque proprietary system to measure 'behavior', calculate 'abnormalities', and then assign a 'suspicion level' to each student,"

Orange lied to us! We were promised a bright and orange future, not this dystopian hellscape where computers assign us suspicion levels from cameras in our homes. Fuck any university that thinks this is ok.

Chris G

You weren't lied to, you were just sold the potential benefits.

It's just unfortunate that the orange you bought was difficult to peel, sour and mostly pips but it's a nice colour.

Herein lies the problem

Electronics'R'Us

"Proctorio uses an opaque proprietary system to measure 'behavior', calculate 'abnormalities', and then assign a ' suspicion level ' to each student,"

The entire premise here is that the students cannot be trusted which is not a good thing.

As others have noted, you have to have an understanding of the core subject to make any lookup (on searchengine fu) meaningful.

If I were enrolled in something like this (unlikely as I am well past that age by several decades, but still), I would insist they provide me with one of their computers (which would have very limited access to anything else on the very slow network it would be provisioned for) as I would most certainly not permit this sort of surveillance crap on any privately owned kit.

"protect our intellectual property"

Pascal Monett

Your intellectual property that is blatantly displayed in public video available on YouTube ?

Is this a joke ?

You're not protecting your IP, you're trying desperately to protect your reputation, just like Diebold.

And, just like Diebold, you're going to find out that using lawsuits to silence criticism does not work.

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