Implications of New School Surveillance Methods on Student Data Privacy, National Security, Electronic Surveillance, and the Fourth Amendment

Implications of New School Surveillance Methods on Student Data Privacy, National Security, Electronic Surveillance, and the Fourth Amendment

By Amanda Peskin, University of Maryland, Francis King Carey School of Law, Class of 2024

Abstract

Since the Covid-19 pandemic, schools have escalated their use of educational technology to improve students’ in-school and at-home learning. Although educational technology has many educational benefits for students, it has serious implications for students’ data privacy rights. Not only does using technology for educational practices allow schools to surveil their students, but it also avails students to data collection by the educational technology companies. This paper discusses the legal background of surveilling and monitoring student activity, provides the implications surveillance has on technology, equity, and self-expression, and offers several policy-based improvements to better protect students’ data privacy.

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Disclosure of Teen’s Facebook Messages Should be a Red Flag for Us All

Blog

By Will Simpson, Class of 2025

Amidst the fallout of the Supreme Court’s decision on June 24, 2022, to overturn the cornerstone abortion case of 1973, Roe v. Wade, a privacy issue has surfaced: the extent to which digital data can be used against us to prosecute novel forms of criminalized behaviors. To make matters worse, tech giants such as Facebook and Google—who collect and largely control this data—are legally obligated to assist governments with this invasive practice.

Why should we care? While the Fourth Amendment helps protect Americans against unreasonable searches and seizures by the government, private companies are not restricted from archiving our digital data. As a result, the details of our online lives are preserved for potential access by government warrants. Continue reading