ARTICLE
19 October 2022

Watching The Watchers: Bias And Vulnerability In Remote Proctoring Software

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Since the beginning of the COVID-19 pandemic, educators and licensing boards have relied on EdTech proctoring and examination programs to prevent cheating within the remote testing environment.
United States Technology
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Since the beginning of the COVID-19 pandemic, educators and licensing boards have relied on EdTech proctoring and examination programs to prevent cheating within the remote testing environment. But the use of this software comes with three major concerns: exam integrity, procedural fairness, and the security and privacy of those taking the exam.

Accordingly, a team consisting of Avi Ginsberg from Foley & Lardner, Ben Burgess and Edward Felten from Princeton University, and Shaanan Choney from the University of Melbourne conducted a technical analysis of the four proctoring suites used by U.S. law schools and state attorney licensing boards. Through reverse-engineering, they were able to evaluate each for student privacy features and effectiveness in detecting cheating.

Of particular interest were:

  1. Accuracy issues displayed by facial recognition algorithms when observing minorities, showing bias in the machine learning models and raising the potential for disparate treatment of individuals based on certain skin tones. These discrepancies have been previously noted in consumer electronics and other environments.
  2. The risk of having personal information and other sensitive information misused or leaked by proctoring software when installed on privately-owned computers. Many of the programs in use today require privileged access to devices, install monitoring services that do not automatically uninstall, and in some instances create activity logs before examinations that are shared with exam vendors.

The implications of the findings are significant for the fields of cybersecurity, data privacy, and artificial intelligence, showing that the requirements of conducting fair and secure remote exams has outpaced the capabilities of these programs.

For a deeper dive and subsequent recommendations, use the link below to download and read the full report.

Full Report

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