Law in the Internet Society

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OrnaMadiganFirstEssay 3 - 17 Dec 2023 - Main.OrnaMadigan
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The Playground Panopticon

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The Playground Panopticon (Version 2)

 
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-- By OrnaMadigan - 13 Oct 2023
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-- By OrnaMadigan - 17 Dec 2023
 

Intro

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A red dot appeared next to someone’s name, I quickly reprimanded them– “please get back on task.” A pop-up screen informing me that someone else had been inactive for over 5 mins, I entered their document and typed “I can see you’re not working.” I yawned, it was just another day, as a 7th grade middle school teacher.
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A red dot appeared next to user 17’s name. I quickly reprimanded them: “let’s get back on task.” A pop-up screen: “user 12 inactivity: 00:05:00.” I direct messaged; “I can see you’re not working.” I yawned, just another day as a 7th grade middle school teacher.
 
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While this continuous surveillance may conjure images of a factory overload, for myself and the countless other educators faced with the challenges of distance learning during the Covid-19 pandemic this quickly became our reality. Uncertain of how to maintain student attention and effectively deliver material, platforms such as Zoom, Gabble, and Google Classroom swooped in, promising teachers a panacea. With no time to spare, we took the bait. However, even as classrooms have transitioned back to in-person learning, the surveillance technologies that had become integral to remote teaching remained prevalent. While many ed-tech platforms continue to tout these tools under the guise of increased safety and enhanced student engagement, the long-term consequences of this surveillance culture are both perilous and wildly unregulated
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While at first glance this routine may evoke an image more akin to a sweat-shop overlord, for myself and countless other educators tasked with teaching during a global pandemic this was our reality. Uncertain of how to effectively deliver material while maintaining student attention, platforms such as Zoom, Gabble, and Google Classroom swooped in, promising a panacea, and we took the bait. However, as daily temperature checks ceased and students began returning to the building, the surveillance platforms deployed as Covid-life jackets remained prevalent. While many ed-tech platforms continue to tout these tools under the guise of increased safety and enhanced engagement, the long-term consequences of this surveillance culture are both perilous and wildly unregulated.
 
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Section I - So what do I mean by surveillance technology?

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Section I - What Do I Mean By Surveillance

 
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Much of the surveillance students are facing when using school issued computers, can be encompassed under the umbrella term of “activity monitoring,” or the practice of using technology to monitor students activities online. According to a 2022 survey https://cdt.org/wp-content/uploads/2022/08/Hidden-Harms-The-Misleading-Promise-of-Monitoring-Students-Online-Research-Report-Final-Accessible.pdf by the Center for Democracy and Technology “Eighty-nine percent of teachers report that their school monitors student activity on school-issued and/or personal devices.” Inside the classroom this activity monitoring looks like programs such as Google Classroom and Lightspeed, which allow teachers to remotely access student’s computers, including viewing student’s screens, closing student’s tabs, and accessing student’s emails, during the class period. However, this surveillance doesn’t stop at the classroom door. According to the same study by the Center for Democracy and Technology cited above "only 45 percent of teachers report that student activity monitoring is limited to when school is in session." Some of the main contenders in this area include platforms like Bark, Gnosis IQ, and Gaggle. These platforms use AI technologies to continuously monitor student activity even after school hours, recording and alerting administrators, and sometimes even law enforcement when “dangerous” or potentially “harmful” activity or key words are discovered – this includes anything from accessing pornographic websites, searching for LGBTQIA+ resources, sending explicit messages, or using self-harm language.
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According to the CDT in 2022 “eighty-nine percent of teachers reported that their school monitors student activity on school-issued and/or personal devices.” Inside the classroom, this looks like platforms such as Google Classroom and Lightspeed, which allow teachers to see what websites students are viewing, remotely close tabs and restrict wifi access. However, this surveillance doesn’t stop when the class period ends. In fact, in 2022 "only 45% of teachers reported that student activity monitoring is limited to when school is in session." Many schools are choosing to spend thousands on subscription services like Bark, Gnosis IQ, and Gaggle, platforms that use AI to continuously monitor student activity even after school hours, recording and alerting administrators, and sometimes law enforcement when “dangerous” or “harmful” activity or key words are discovered (this includes anything from accessing pornographic websites, searching for LGBTQIA+ resources, or sending explicit messages).
 
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Section II - The Downside to these Platforms

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Section II - Effects on Students

 
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A. Desensitization

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In an article for Buzzfeed concerning the effects of Gaggle, a student noted; “now I’m very desensitized to the threat of my information being looked at by people,” and they certainly are not alone. The constant surveillance students are being subjected to, is forcing them to normalize having their screens watched, emails read, and search history inspected. Considering the recent Cambridge Analytica scandal (see The Great Hack), and its exposure of the terrifying ways personal electronic data can and is being used and manipulated to evoke enormous political and social change, are we really content training our next generation to be willing participants? Moreover, little is known of where student data is going or how it is being utilized. Gaggle, for instance, uses a human-review test whereby a Gaggle employee reviews the flagged material and determines its elevation status on a case-by-case basis. This means daily flagged student material–including explicit student images, are being reviewed by largely untrained, entry-level employees, with little transparency on where this data goes after review. This uncertainty, coupled with recent large-scale data breaches, makes the fact that we are placing students in the crossfires all the more troubling.
 
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In an article for Buzzfeed about the effects of the surveillance platform Gaggle, a student noted; “I feel like now I’m very desensitized to the threat of my information being looked at by people,” and they certainly are not alone https://www.buzzfeednews.com/article/carolinehaskins1/gaggle-school-surveillance-technology-education. The constant surveillance students are being subjected to, is forcing students to normalize having their screens watched, their emails read, and their personal search history inspected, something many adults would scoff at if their own employer requested the same. In the 2019 netflix documentary, The Great Hack, film makers dived into the recent Cambridge Analytica scandal, documenting the terrifying realities of the ways personal data shared online can be bought and used to manipulate and control masses of voters https://www.theguardian.com/uk-news/2019/jul/20/the-great-hack-cambridge-analytica-scandal-facebook-netflix. In a world where data is being stripped from users and used to control their thoughts and actions, do we really want to train our next generation to be willing participants? Unfortunately, we are teaching students to hand over their data with no questions asked.
 
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B. Uncertainty

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Section III - Solutions?

 
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Moreover, little is known of where student data is going or how it is being utilized. Gaggle for instance, employs a multi-factor human-review test whereby a Gaggle employee reviews the flagged material and on a case-by-case basis determines whether it needs to be elevated. This means daily, flagged student material–including explicit student images and messages, are being reviewed by Gaggle employees with little information on where these images or messages go after review. With employees reporting on Glassdoor that the application process was little more than an online application and a short waitlist, it begs the question why put the sensitive personal information of minors in hands unknown? Furthermore, little is known of what these companies subsequently do with the collected data or how it is protected. In the wake of Google’s large-scale data breaches, are we really fine with making students easy targets?
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Advocates for decreasing this surveillance have proposed everything from legislative change to student organized push-back (see first draft). However, as pointed out (see first draft feedback), at the core of this issue and it’s proposed solutions lies a roadblock–organized concerted action. Begging the question, where are the ones who do, and have been doing since the 1850s, this the best–the teachers unions?
 
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Section III - Solution? Current Legislation/Potential Legislative Fixes

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Although some teachers unions have taken a stance against in-person police and face surveillance, most, if not all, have stayed relatively silent regarding computer surveillance. Initially this may seem understandable considering the purported time saving “benefits” of tools like automatic grading, or remote laptop locking. After all, the teachers unions were created to look out for teacher’s best interest, and a lighter workload seems exactly that. However, looks can be deceiving, and a closer analysis reveals that these platforms may be just as threatening to teachers.
 
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So what is there to do? One avenue of resolution is legislative. Currently, most schools promulgate these “safety” measures under the guise of conforming with Children’s Internet Protection Act (CIPA), an act passed in 2001 to address concerns with “children's access to obscene or harmful content over the Internet” https://www.fcc.gov/consumers/guides/childrens-internet-protection-act However, schools have expanded this act’s meaning to cover constant surveillance, something the act never intended. In a recent investigation by Senator Warren and Markey, the pair urged for the “lack of clarity in the definition of ‘monitoring the online activities,’” to be resolved through legislative enactment in order to better delineate the exact parameters of what schools can and cannot monitor https://www.warren.senate.gov/imo/media/doc/356670%20Student%20Surveillance.pdf.
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(1) Ed-Tech Surveillance Platforms Pose a Threat to Teacher Job Security

In a 2017 speech education expert, Anthony Seldon, predicted that by 2027 “in-classroom teaching will become obsolete,” and school teachers would become “little more than classroom assistants.” Although this may seem far-fetched, as the US battles an ever increasing teacher shortage, schools are looking for any viable solutions. Moreover, following the Covid-19 pandemic, many students have decided to remain remote. States like New York, eager to decrease the need for bus routes, and building access, have followed suit, implementing permanent options for students to remain fully remote. The reality is everyday schools are moving towards more technology and less human reliant learning models.
 
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However, legislative change is slow, and student privacy is under attack now. In tandem with legislative change this issue also needs direct student action. Luckily, student’s themselves hate to be monitored. They do not want their schools inspecting their texts, or thumbing through their search history. This emotion is likely the most powerful tool for change this issue has. If we can harness that energy today, the possibilities for change are endless and immediate.
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(2) Ed-Tech Surveillance Platforms Pose a Threat to Teacher Trust and Autonomy

This threat comes not only from the risk posed by large scale data breaches and student awareness of surveillance, but additionally from increased oversight. In a recent New York Times opinion piece, Jessica Grose explores this issue in the context of accessible online gradebooks. In the article Grose examines how these gradebooks have led not only to students “gaming” the system, but also an “untenable stream of additional communication” to teachers from “hyper-checking” parents. For many of the teachers Grose interviews, it appears this new found 24/7 accessibility is shifting teachers focus from cultivating a nurturing environment and encouraging critical thinkers, to appeasing needy parents and trying to get students to see the big picture. As this pervasive atmosphere of surveillance and micromanagement persists, the foundational essence of teachers' roles as collaborators quickly starts crumbling.

(3) It’s Now or Never - These Technologies And Their Implementation Are Moving At Lightspeed

Lastly, even if one scoffs at my defining of these changes as threats, they cannot disregard that they are changing the way teachers are and will have to approach their profession. As teachers unions are in place for the sole purpose of protecting teachers, it seems only logical that they should be one of the loudest voices in advocating for methods of approaching these changes, and yet silence.
 

Conclusion

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In conclusion, schools, students and parents are largely wading into un-chartered waters. However, what is clear is that student data is being monitored and utilized, with detrimental and long lasting effects that reach far beyond the classroom. If we do not move to act soon, we may never have the chance to act later.
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It’s evident that the education system is wading into unchartered waters. If we want to survive we will have to work together, and I posit that invigorating teachers unions may be the formally untapped tool key to making this happen.
 
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Don't you think it's a little odd that the word "union" doesn't appear once in this draft. For all the shouting people are always doing about dictatorial teachers' unions, it's really remarkable just how little willingness to exert their fabled power teachers have collectively shown. But if anyone is going to do the work you consider urgent, they will have to do it by organizing, and there really aren't better organizers than the organization, unfortunately. Maybe in the next draft?
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I took liberty in not including the section titles in the 1000 word count. If this is not the case feel free to skip the intro.
 



OrnaMadiganFirstEssay 2 - 31 Oct 2023 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

The Playground Panopticon

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 In conclusion, schools, students and parents are largely wading into un-chartered waters. However, what is clear is that student data is being monitored and utilized, with detrimental and long lasting effects that reach far beyond the classroom. If we do not move to act soon, we may never have the chance to act later.
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Don't you think it's a little odd that the word "union" doesn't appear once in this draft. For all the shouting people are always doing about dictatorial teachers' unions, it's really remarkable just how little willingness to exert their fabled power teachers have collectively shown. But if anyone is going to do the work you consider urgent, they will have to do it by organizing, and there really aren't better organizers than the organization, unfortunately. Maybe in the next draft?

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

OrnaMadiganFirstEssay 1 - 13 Oct 2023 - Main.OrnaMadigan
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META TOPICPARENT name="FirstEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

The Playground Panopticon

-- By OrnaMadigan - 13 Oct 2023

Intro

A red dot appeared next to someone’s name, I quickly reprimanded them– “please get back on task.” A pop-up screen informing me that someone else had been inactive for over 5 mins, I entered their document and typed “I can see you’re not working.” I yawned, it was just another day, as a 7th grade middle school teacher.

While this continuous surveillance may conjure images of a factory overload, for myself and the countless other educators faced with the challenges of distance learning during the Covid-19 pandemic this quickly became our reality. Uncertain of how to maintain student attention and effectively deliver material, platforms such as Zoom, Gabble, and Google Classroom swooped in, promising teachers a panacea. With no time to spare, we took the bait. However, even as classrooms have transitioned back to in-person learning, the surveillance technologies that had become integral to remote teaching remained prevalent. While many ed-tech platforms continue to tout these tools under the guise of increased safety and enhanced student engagement, the long-term consequences of this surveillance culture are both perilous and wildly unregulated

Section I - So what do I mean by surveillance technology?

Much of the surveillance students are facing when using school issued computers, can be encompassed under the umbrella term of “activity monitoring,” or the practice of using technology to monitor students activities online. According to a 2022 survey https://cdt.org/wp-content/uploads/2022/08/Hidden-Harms-The-Misleading-Promise-of-Monitoring-Students-Online-Research-Report-Final-Accessible.pdf by the Center for Democracy and Technology “Eighty-nine percent of teachers report that their school monitors student activity on school-issued and/or personal devices.” Inside the classroom this activity monitoring looks like programs such as Google Classroom and Lightspeed, which allow teachers to remotely access student’s computers, including viewing student’s screens, closing student’s tabs, and accessing student’s emails, during the class period. However, this surveillance doesn’t stop at the classroom door. According to the same study by the Center for Democracy and Technology cited above "only 45 percent of teachers report that student activity monitoring is limited to when school is in session." Some of the main contenders in this area include platforms like Bark, Gnosis IQ, and Gaggle. These platforms use AI technologies to continuously monitor student activity even after school hours, recording and alerting administrators, and sometimes even law enforcement when “dangerous” or potentially “harmful” activity or key words are discovered – this includes anything from accessing pornographic websites, searching for LGBTQIA+ resources, sending explicit messages, or using self-harm language.

Section II - The Downside to these Platforms

A. Desensitization

In an article for Buzzfeed about the effects of the surveillance platform Gaggle, a student noted; “I feel like now I’m very desensitized to the threat of my information being looked at by people,” and they certainly are not alone https://www.buzzfeednews.com/article/carolinehaskins1/gaggle-school-surveillance-technology-education. The constant surveillance students are being subjected to, is forcing students to normalize having their screens watched, their emails read, and their personal search history inspected, something many adults would scoff at if their own employer requested the same. In the 2019 netflix documentary, The Great Hack, film makers dived into the recent Cambridge Analytica scandal, documenting the terrifying realities of the ways personal data shared online can be bought and used to manipulate and control masses of voters https://www.theguardian.com/uk-news/2019/jul/20/the-great-hack-cambridge-analytica-scandal-facebook-netflix. In a world where data is being stripped from users and used to control their thoughts and actions, do we really want to train our next generation to be willing participants? Unfortunately, we are teaching students to hand over their data with no questions asked.

B. Uncertainty

Moreover, little is known of where student data is going or how it is being utilized. Gaggle for instance, employs a multi-factor human-review test whereby a Gaggle employee reviews the flagged material and on a case-by-case basis determines whether it needs to be elevated. This means daily, flagged student material–including explicit student images and messages, are being reviewed by Gaggle employees with little information on where these images or messages go after review. With employees reporting on Glassdoor that the application process was little more than an online application and a short waitlist, it begs the question why put the sensitive personal information of minors in hands unknown? Furthermore, little is known of what these companies subsequently do with the collected data or how it is protected. In the wake of Google’s large-scale data breaches, are we really fine with making students easy targets?

Section III - Solution? Current Legislation/Potential Legislative Fixes

So what is there to do? One avenue of resolution is legislative. Currently, most schools promulgate these “safety” measures under the guise of conforming with Children’s Internet Protection Act (CIPA), an act passed in 2001 to address concerns with “children's access to obscene or harmful content over the Internet” https://www.fcc.gov/consumers/guides/childrens-internet-protection-act However, schools have expanded this act’s meaning to cover constant surveillance, something the act never intended. In a recent investigation by Senator Warren and Markey, the pair urged for the “lack of clarity in the definition of ‘monitoring the online activities,’” to be resolved through legislative enactment in order to better delineate the exact parameters of what schools can and cannot monitor https://www.warren.senate.gov/imo/media/doc/356670%20Student%20Surveillance.pdf.

However, legislative change is slow, and student privacy is under attack now. In tandem with legislative change this issue also needs direct student action. Luckily, student’s themselves hate to be monitored. They do not want their schools inspecting their texts, or thumbing through their search history. This emotion is likely the most powerful tool for change this issue has. If we can harness that energy today, the possibilities for change are endless and immediate.

Conclusion

In conclusion, schools, students and parents are largely wading into un-chartered waters. However, what is clear is that student data is being monitored and utilized, with detrimental and long lasting effects that reach far beyond the classroom. If we do not move to act soon, we may never have the chance to act later.


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Revision 3r3 - 17 Dec 2023 - 06:06:32 - OrnaMadigan
Revision 2r2 - 31 Oct 2023 - 15:01:20 - EbenMoglen
Revision 1r1 - 13 Oct 2023 - 18:29:22 - OrnaMadigan
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