INTERNET, EDUCATION, AND PRIVACY

PAS DIGITAL Santiago de Chile March 25, 2014 Urs Gasser

Intro: Digital Revolutions

Digital Revolutions

Digital Revolutions

Digital Challenges & Opportunities

.edu

Structural Shifts (Content Layer)

Structural Shift #1: Distribution Massive Open Online Courses (MOOCs)

Structural Shift #2: Access

Structural Shift #3: Usage Open Educational Resources Movement

OER: "teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits their free use and re-purposing by others. Open educational resources include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge."!

Structural Shift #4: Creation

New Ways of Learning

http://connectedlearning.tv/infographic

Ed Tech: Example K-12 (Data and Infrastructure Layer)

Data Driven Education

Educational Opportunities

Infrastructure as a Service

Learning Management System (LMS)

Administrative & Student Information Services

Study & Assessment Tools

Move to the Cloud

! As of December 2013: 95% of

districts in a nationally representative sample were currently using one or more forms of cloud-based educational technologies. (CLIP Report) districts and schools because of the opportunities it affords for increased efficiencies and cost savings, as well as for innovation, experimentation, and revolution of how learning takes place. (formal/informal, school/home, in/out of classroom, etc.) to more blended learning models, such as increased peer-to-peer interaction

! Cloud-based ed tech appeals to

! Shift away from learning in silos

Student Heads in the Cloud?

What does it mean to say schools are using the cloud?

Any computing activity that collect[s] or transfer[s] student information for processing by third parties over the Internet. (CLIP Report, Dec. 2013).

Privacy Challenges

Data 2.0

discriminatory data profiling, digital footprint that students don't consent to and can't escape from, commercialization of education

Data 1.0

data breach, data leakage, legal compliance

Ed Tech Privacy Questions

! NYT Coverage, Late 2013: ! Senator Raises Questions About Protecting Student Data ! Deciding Who Sees Students Data ! Group Presses for Safeguards on the Personal Data of Schoolchildren ! Data Security Is a Classroom Worry, Too ! NYT Coverage, Feb. 2014: ! Scrutiny in California for Software in Schools ! Regulators Weigh In on Online Educational Services

Closer Look: CLIP Study (2013)

! Cloud Services are poorly understood, non-transparent and weakly

governed ! 20% of districts fail to have policies for the use of online services ! Many districts having gaps in contract documentation, incl. missing privacy policies ! Districts give up control of student information when using cloud services, with fewer than 25% of the agreements specifying the purpose for disclosures of student information ! Fewer than 7% of the contracts restricting the sale or marketing of student information by vendors, and many agreements allowing vendors to change the terms without notice ! Majority of cloud service contracts do not address parental notice, consent or access to student information ! School district cloud service agreements generally do not provide for data security and data retention/deletion
http://ir.lawnet.fordham.edu/clip/2/

Data 2.0

discriminatory data profiling, digital footprint that students don't consent to and can't escape from, commercialization of education

Data 1.0

data breach, data leakage, legal compliance

Paths Forward

Toolbox

Source: Lessig, Code and Other Laws of Cyberspace (1999)

! Apply old rules to new

phenomenon

! Enact new laws and/or

amend existing laws

! Evolutionary path

(policy guidance and clarification)

! Bottom-Up Solutions ! Industry best practice standards ! Self regulation ! Consortia of ed tech stakeholders

Competition based on level of privacy protection

Transparency and privacy benchmarking

! ! ! ! !
To learn more, please visit http://cyber.law.harvard.edu/research/ studentprivacy

Student Privacy & Cloud Computing at the District Level: Next Steps and Key Issues K-12 Edtech Cloud Service Inventory Youth Perspectives on Tech in Schools: From Mobile Devices to Restrictions and Monitoring Student Privacy in the Cloud Computing Ecosystem: State of Play & Potential Paths Forward Privacy and Children's Data: An Overview of the Childrens Online Privacy Protection Act and the Family Educational Rights and Privacy Act