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INTERNET, EDUCATION, AND

PRIVACYPAS DIGITAL

Santiago de Chile

March 25, 2014

Urs Gasser

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Intro: Digital Revolutions

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Digital Revolutions

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Digital Revolutions

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.edu

Digital Challenges & Opportunities

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Structural Shifts(Content Layer)

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Structural Shift #1: Distribution

Massive Open Online Courses (MOOCs)

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Structural Shift #2: Access

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Structural Shift #3: Usage

Open Educational Resources MovementOER: "teaching, learning, and research resources that reside in the

public domain or have been released under an intellectual propertylicense 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 othertools, materials, or techniques used to support access to knowledge."

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Structural Shift #4: Creation

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New Ways of Learning

http://connectedlearning.tv/infographic

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

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Data Driven Education

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Educational Opportunities

Infrastructure as a Service

Administrative & Student

Information Services

Learning Management

System (LMS)

Study & Assessment

Tools

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Move to the Cloud As of December 2013: 95% of

districts in a nationally representativesample were currently using one ormore forms of cloud-basededucational technologies. (CLIPReport)

Cloud-based ed tech appeals todistricts and schools because of theopportunities it affords for increasedefficiencies and cost savings, as wellas for innovation, experimentation,and revolution of how learning takesplace.

Shift away from learning in silos(formal/informal, school/home, in/outof classroom, etc.) to more blendedlearning models, such as increasedpeer-to-peer interaction

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Student Heads in the Cloud?

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

Any computing activitythat collect[s] or

transfer[s] student

information for

processing by thirdparties over the

Internet. (CLIP Report,

Dec. 2013).

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Privacy Challenges

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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 ofSchoolchildren

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

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Closer Look: CLIP Study (2013)

Cloud Services are poorly understood, non-transparent and weaklygoverned

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 cloudservices, with fewer than 25% of the agreements specifying thepurpose for disclosures of student information

Fewer than 7% of the contracts restricting the sale or marketing ofstudent 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 fordata security and data retention/deletion

http://ir.lawnet.fordham.edu/clip/2/

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Paths Forward

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

Toolbox

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Apply old rules to newphenomenon

Enact new laws and/oramend existing laws

Evolutionary path(policy guidance andclarification)

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Bottom-Up Solutions Industry best practice

standards

Self regulation

Consortia of ed techstakeholders

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Transparency and privacybenchmarking

Competition based on level of

privacy protection

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To learn more, please visithttp://cyber.law.harvard.edu/research/

studentprivacy

Student Privacy & Cloud Computingat the District Level: Next Steps andKey Issues

K-12 Edtech Cloud Service Inventory Youth Perspectives on Tech inSchools: From Mobile Devices toRestrictions and Monitoring

Student Privacy in the CloudComputing Ecosystem: State of Play& Potential Paths Forward

Privacy and Children's Data: AnOverview of the Childrens OnlinePrivacy Protection Act and theFamily Educational Rights andPrivacy Act