Download Public Schools, Privacy and Power

Student Privacy
Feb. 4 2013
• Full time liberty activist
• Member of the Board of
Directors of the Constitutional
Alliance
• Personal Mission - Stop
Mandatory Biometric
Enrollment
AxXiomForLiberty.com
www.constitutionalalliance.com
Surveillance Is
Purposeful
Routine
Systematic
Focused
For the Purpose of;
Control
The primary purpose of surveillance is to collect
information about the individuals concerned,
their activities, or their associates.
Entitlement
Management
Influence
Protection
There may be a secondary intention to deter a whole population
from undertaking some kinds of activity. --Roger Clarke
Level 1
RESTRICTED SURVEILLANCE
level 2
CONDITIONAL SURVEILLANCE
Least intrusive zone of surveillance, Rare,
An Ideal
• Government is small
• Private enterprise respectful of
individual privacy
• Law, policy based on principle
(Constitution) focused on protection
of rights
• Boundaries respected-sovereignty,
jurisdictions and separation of powers
• Minimal collection of personal
information. Large databases
uncommon.
• Society understands and respects
rights of individuals. Civically aware
and exerts a positive influence on
policy
The government has an unobtrusive
role in society
Considered the norm for western
democratic societies
•
Surveillance generally regarded as an
undesirable practice, only exercised by
govt. after examination of principle,
adequate public debate and only then
with proper safeguards in place.
•
Records are maintained within
individual departments, general linkage
between agencies is not permitted.
Access based on right to know.
•
Attitude of Good Faith is maintained
between the government and the
public.
The role of government agencies is
essentially one of serving the public
Level 3
ROUTINE SURVEILLANCE
Level 4
MASS SURVEILLANCE
Mass surveillance established
Enforced, interactive and
punitive surveillance.
1.Law enforcement
2.Taxation
3.Government Benefits
• Linkage between these 3 sectors
occurs on a case by case basis when
there is suspicion or evidence of
wrongdoing
• Public mostly accepts the idea that a
certain amount of monitoring is a
reasonable trade-off in exchange for a
desired end.
• General public support for some
surveillance, public still retains
awareness of individual rights
• Govt. relationship with the community
still retains a basis of trust
Governmental bodies have assumed
the role of agents of public interest
•
•
•
•
•
Numerous systems and infrastructure
developed for monitoring most
aspects of people's movement,
transactions, interactions and
associations.
Most computer systems are
interlinked.
Records and files of citizens are
routinely and automatically
matched against each other to detect
inconsistencies.
Interests of Revenue, Security and
Law Enforcement provide powerful
arguments for surveillance.
There is mass obedience with little
or no resistance
Government agencies have the role
of controllers and enforcers of
public policy
(LEVEL FIVE) TOTAL SURVEILLANCE
Rarely attained state of total surveillance
• Crucial element - Meek willingness of the public to support
government control.
• Public voluntarily aids in surveillance. Surrenders their own liberty
and privacy and will force the surrender of their neighbor's
information or liberty
• All movements and activities monitored or controlled by authorities
• There is still physical freedom of movement and freedom of
association, just no right to keep anything secret.
The interests of the government become internalized by the
public. Individual rights and identity subsumed by government
interests. (Think Stockholm Syndrome)
Level of surveillance of a population is always predicated on 4 things;
Money, Man power or Technology, political will, public acceptance
The Balance of Power
Individual Opacity
Information is POWER
privacy
Personal Freedom
High
Liberty & Justice
Government Control
Low
•
•
•
•
Independence
Economic Prosperity
Innovation
Political and social
participation
Privacy is Essential for Everyone
Privacy. . is not merely an individual right
but a positive social good
the cradle from which can grow the resistance, creativity and
innovation essential for the renewal of a society.
rebellion, deviancy and crime
Without privacy, the coercive force of hegemonic power
to control not only behavior but the innermost thoughts
of citizens becomes absolute.
Public Schools, Privacy and Power
What is the Purpose of School?
THE TWO CURRENT LEADING IDEAS
• Producing workers (NCLB, Standards OBE)
• Creating effective citizens (subordinate to the
state, whose idea of effective of “effective
citizen” Not yours!)
privacy of location and space
privacy of personal information
privacy of association
Privacy of the person
privacy of behavior and action
Students do not shed all of their rights at the schoolhouse gate, including
the right to privacy
A Seamless Web
• "... it is essential that we
create a seamless web that
literally extends from cradle
to grave and is the same
system for everyone -- young
and old, poor and rich, worker
and full-time student."
• -- National Center on
Education and the Economy
Information is POWER
It’s All about the DATA
ACCESS TO LARGE DATA SETS ARE PREREQUISITE
TO SOCIAL CONTROL
I learned everything I needed to know about schools from studying
Fusion Centers. . .
(Yes! That is a school!)
• Grants, Incentives
• Fed Gov sets the
‘standards’
• Systems are
interoperable and
data is collected
and sent to federal
agencies.
Oklahoma Information Fusion Center PPT 2007 http://tinyurl.com/d3cwol2
The Digital Person
(Is not a person at all)
The Digital Persona is the
model of an individual's
public personality based on
data, and maintained by
transactions, and used as a
proxy for the individual.
Serious dangers arise when determinations are made, and
actions taken, about an individual, based on their digital
persona.
FERPA Family Educational Rights and Privacy Act
As with all existing privacy law, FERPA has been amended to suit the
capabilities of new technology and the desires of the administrators
US Dept. of Education created a new FERPA
regulation that went into effect Jan. 3, 2012.
-Broadens the definition of “personally identifiable information”
and “authorized representatives”.
34 CFR Part 99
“personally identifiable information” includes:
…(d) A personal identifier, such as the student’s social security
number, student number, or biometric record;
Examples include fingerprints; retina and iris patterns;
voiceprints; DNA sequence; facial characteristics; and
http://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf
handwriting.
Page 52 of the new FERPA document outlines 11 different ways
Personally Identifiable Information (PII) can be shared by schools
without parental or student consent.
“Authorized representative” means any entity or individual
designated by a State or local educational authority or an agency
headed by an official listed in § 99.31(a)(3) to conduct – with respect
to Federal- or State-supported education programs –
Summary of FERPA Changes:
http://www.uwsa.edu/gc-off/news/FERPARuleChanges-34CFRPart99.pdf
http://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf
Common Core State Standards
adopted sight unseen in 46 states
• P-20 (Pre-school –
workforce) Database
• Longitudinal Data
System tracks student
information over many
years.
Tahlequah Public Schools CCST
How Common Core Works:
National Standards >> national
assessments >> national
curriculum, >> teachers
salaries tied to students’ test
scores >> teachers teaching to
the test each day >> national
indoctrination of our public
school children >> national
database of students and
teachers.
http://www.tahlequah.k12.ok.us/BOE/CCSS/
Donna Garner, Hewitt, Texas Educator
Schools Interoperability
Framework
SIF-Breaking Down Silos
Seamless reporting - district, state, federal
Vertical Interoperability
Protection of Pupil Rights Amendment (PPRA)
Schools and contractors should obtain written parental consent before minor
students are required to participate in any ED-funded survey, analysis, or
evaluation that reveals information concerning:
• Political affiliations;
• Mental and psychological problems potentially embarrassing to the
student and his/her family;
• Sex behavior and attitudes;
• Illegal, anti-social, self-incriminating and demeaning behavior;
• Critical appraisals of other individuals with whom respondents have
close family relationships;
• Legally recognized privileged or analogous relationships, such as
those of lawyers, physicians, and ministers; or
• Income (other than that required by law to determine eligibility for
participation in a program or for receiving financial assistance
under such program).
http://www2.ed.gov/policy/gen/guid/fpco/ppra/index.html
One Example of “Secretive and Unwarranted Psychological
Testing” in Oklahoma - 21st Century Skills Programming
• 21st CCLC programming includes psychological testing that has been
done in Oklahoma illegally without parental permission.
•
• Due to changes in FERPA laws (governing student privacy rights in public
schools),demographic and personal student data may now be collected and
shared widely without parental knowledge or consent.
• 21st CCLC’s cost over 1 billion dollars per year and –according to their own
annual reports have failed every year - not yet once reaching the goals of
their assessment descriptors
‘Secretive and Unwarranted Psychological Testing of Students Does Occur
Through 21st Century Skills Programming’ Restore Oklahoma Public Education
http://www.scribd.com/doc/105519107/21st-Century-After-School-Programming
Hugo parent writes;
“I was notified that Hugo Elementary had
CONTRACTED with HPS (in conjunction with a
21st Century Grant) to provide an after-school
program. . . .HPS pays the schools they have
contracted with a sum of money that goes to
pay for the salaries of the teachers used in the
after-school program.
In return, HPS gets their money from
"counseling" children that they basically refer
to themselves . . .This payment appears to
range from $400.00 -- $600.00 per week, per
student. . . Our youngest was given . . .a psych
assessment, by HPS, outside of the afterschool program . . .AND he is NOT enrolled in
the after-school program. . . The
"assessments" which were attempted to be
given to my child were VERY personal in
nature and the parents were never asked for
consent to having our children take part in
either of the assessments.
“We advise parents to tell their kids never to take any 'test' that has
answers about how they feel on them.”
No Psychological Testing of Students Without Parental Consent
“If it says anything about feelings, just tell the teacher that,
‘My parents won't allow me to take these kinds of tests.’”
--Jenni White, Restore Oklahoma Public Education
www.RestoreOkPublicEducation.com
Data Summary Chart- 2
LONGITUDINAL DATABASES AND SENSITIVE DATA
• 32% of states collect children’s social security
numbers
• 22% of states record student pregnancies
• 46% of states have a mechanism in place to track
children’s mental
health, illness and jail sentences
• 72% of states collect children’s family wealth
indicators
-FORDHAM STUDY 2009
http://law.fordham.edu/center-on-law-andinformation-policy/14769.htm
What sort of information is being collected and shared
on students?
• Directory (name, address, Telephone, email, photos,
and more)
• Demographic
• Psychographic
• (describes ethnicity, country of birth etc.)
• disciplinary
• academic
• Health
• family information
• Biometric data
Predictive Analytics
From Wikipedia; Predictive analytics
encompasses a variety of statistical
techniques from modeling, machine
learning, data mining and game theory that
analyze current and historical facts to make
predictions about future events.
Data mining and predictive analytics is
being used in just about every aspect of
our lives.
Predictive analytics applies a
mathematical formula to masses of data
to predict what a person is more or less
likely to do in the future.
Decisions are being made every day, out
of our view, that affects our lives,.
Prevention, Intervention, and Suppression
offers both 24x7, automated software monitoring or manual universal screening for the
evidence-based behaviors of risk that can predict and suppress dropouts, bullying,
violence, gangs, and drugs.
Predictive analytics
• Mines, interprets, and maps
student-data from
disconnected databases
• Provides predictive outcomes
for particular students
http://www.unpluggedmom.com/wp-content/uploads/Welcome-to-Olympic-Behavior-Labs.pdf
metal detectors
Information
sharing
drug tests
BIOMETRICS
RFID
School Resource Officers
zero tolerance
CCTV
GPS
Radio Frequency Identification (RFID)
Technology used to identify, track and monitor any object
RFID systems have three main components:
1. RFID tag, or transponder, contains data
(minimum unique ID number, keys database to
PII) affixed to or embedded in any object to be
identified and tracked
2. RFID reader, or transceiver, which reads the data
from a distance
3. The Database /system which uses the data
“We do not want our children to be conditioned that tracking is normal or even
acceptable or mandatory” --Judy Messer, concerned parent
• Threat to personal security- tags can be read anywhere by
anyone with a reader
• Dehumanizing
• Violation of free speech and association
• Violation of conscience and religious freedom
• Conditioning to tracking and monitoring.
Position Paper on the Use of RFID in Schools
FAT CAT LOBBYIST RFID BILL KILLER
2011, the Texas legislature considered a bill that would have prohibited "certain
mandatory student identification methods," limiting schools to only an opt-in
method of student identification. . .
Michael Wade, representing Wade Garcia & Associates, a consulting firm
responsible for installing the technology in the Northside school district, testified
against the bill. . .link
Biometrics in schools
• Attendance
• replace library cards
• charge for meals
Is the risk proportionate to these problems?
• Privacy and security concerns
• Enables the creation of databases that would progressively include the entire
population.
Kids Are Giving Oklahoma Schools the Finger
2010 Putnam City Schools
“Students will no longer be required to carry meal cards”
Why has the school decided to implement finger
scanning? Apparently to make the lunch lines faster.
Biometrics is used to establish a perfect
connection between the body and personal data
associated with an individual.
travel
Health
transactions
Financial
employment
Location
Habits
associations
Medical
education
Obesity Surveillance
Selected Bay Shore students designated overweight or obese
are being equipped with a wristwatch-like devices that count
heartbeats, detect motion and even track students’ sleeping
habits. Similar programs are underway in schools in St. Louis,
MO, and South Orange, NJ.
Cafeteria Cams Track Students' Calorie Consumption at School
The San Antonio program, made possible by a $2 million research grant from the U.S.
Department of Agriculture, involves placing cameras in cafeteria lines and in the trash area in
order to document what kids buy for lunch and how much of it they consume.
Read more: http://healthland.time.com/2011/05/12/cafeteria-cams-track-students-calorieconsumption-at-school/#ixzz1V4QmouL4
http://www.salon.com/2012/10/08/big_brother_invades_our_classrooms/
GPS devices - Austin, TX, some 1,700 students in eight high schools, with parent
permission, are being outfitted with GPS devices to help cut truancy rates.
Spying on students in their homes 2010 PA-The laptops the school issued
to high-school students came equipped with special software that enabled school
administrators to spy on students and even their families in their homes.
Watching the world, changes the world.
Being observed influences
consciousness
“Chilling effect” on free civic
participation. Inhibits dialog
between those who govern and the
ones governed
Less Accountability
Destroys balance of power.
Unchecked by citizen resistance,
those in power make decisions with
less regard for the people they
govern. Accountability of officials is
reduced
Life choices directed by fear
rather that the function of free
will. Avoiding certain actions,
voicing opinions, avoiding material
that the watchers may disapprove
of.
In an Electronic Police State
every surveillance camera recording, every email sent,
every Internet site surfed, every post made, every check
written, every credit card swipe, every cell phone ping... are
all criminal evidence, and all are held in searchable
databases. The individual can be prosecuted whenever the
government wishes.
-EVERYONE IS A SUSPECT UNTIL PROVEN OTHERWISE-
If your school district
tries to start RFID
tracking, here is some
ammo;
Position Paper on the
Use of RFID in Schools
http://www.restoreokpubliceducation.com/
An Analysis of Recent Education Reforms and the Resulting
Impact on Student Privacy
More of ROPE’s Research
http://www.scribd.com/RestoreOKPublicEd
HB1989 Rep Brumbaugh provides protections
for student data
http://webserver1.lsb.state.ok.us/cf_pdf/2013
-14%20INT/hB/HB1989%20INT.PDF
Do Parents' Rights End at the Schoolhouse
Gate?
Also Recommended
“Spy Chips”
by Liz McIntyre and
Katherine Albrecht
http://www.spychips.com/what-isrfid.html
Chronology of data breaches in
Education since 2005
http://www.privacyrights.org/databreach/new
http://epic.org/privacy/student/
In Federal Court EPIC Defends Student Privacy:
In documents filed with a federal court in Washington, DC, EPIC is challenging changes to
the Family Educational Rights and Privacy Act (FERPA).
The revised regulations, issued by the Education Department, allow the release of
student records for non-academic purposes and undercut parental consent provisions.
The rule change also promotes the public use of student IDs that enable access to
private educational records.
. . . EPIC filed a lawsuit and argued that the agency exceeded its authority with the
changes, and also that the revised regulations are not in accordance with the 1974
privacy law.
http://epic.org/privacy/student/
Oklahomans for Fourth Amendment Rights ant the Capitol
https://www.facebook.com/events/243434105789069/