Student privacy activists are outraged by the legislation that’s being rushed through Congress that would legalize industry’s right to confidential data about children without parental consent.
This is from Leonie Haimson and Rachel Strickland of Student Privacy Matters:
Rep. Luke Messer (IN) and Rep. Jared Polis (CO) are introducing a bill in the House that would allow vendors of online programs used in schools to collect, share and commercialize the personal information of students. Rep. Polis has said that they intend to rush this bill through the House, without amendment or debate. Parents and privacy advocates CANNOT let this happen.
We need your help. Please visit our action page to send a letter and then make a quick call to your US Representatives.
For more information, see articles in POLITICO and The New York Times, and read the comments of the Parent Coalition for Student Privacy available here.
Thanks,
Rachael Stickland and Leonie Haimson
Co-chairs, Parent Coalition for Student Privacy
http://www.studentprivacymatters.org
Here is today’s story in politico.com by Stephanie Simon:
“STUDENT PRIVACY BILL UNDER FIRE: A bipartisan student privacy bill to be introduced in the House today aims to reassure parents that their children’s data is safe. But the bill lets companies continue to collect huge amounts of intimate information on students, compile it into profiles of their aptitudes and attitudes – and then mine that data for commercial gain. It also permits the companies to sell personal information about students to colleges and potential employers, according to a near-final draft reviewed by Morning Education. Microsoft has already endorsed the bill. And the chief sponsors, Republican Rep. Luke Messer and Democratic Rep. Jared Polis, say they’re confident it will quickly earn bipartisan support in both chambers. It will likely get a push as well from the White House, which worked closely with Messer and Polis on the language. But privacy advocates and parent activists see the bill as deeply flawed. It’s riddled with “huge loopholes” and “escape clauses,” said Khaliah Barnes, director of the Electronic Privacy Information Center’s student privacy project.
– Consider a provision barring companies from selling personal information about students. That seems rock-solid. Yet there’s an exception: A company can sell data if a student or parent requests it be shared “in furtherance of post-secondary education or employment opportunities.” An online textbook, tutorial service or gaming app could likely fulfill this requirement by asking kids to check a box if they want to hear from colleges or employers interested in students just like them. I have more here: http://politico.pro/1CPMUf3
– Industry has opposed any federal privacy law, out of concern that it would stifle innovation. Hoping to showcase the benefits of that innovation, the Software Information and Industry Association and the trade association TechAmerica have launched the “Smarter Schools Project,” which highlights classrooms using technology wisely. More: http://bit.ly/1CHTPXw
– Some ed-tech start-ups, meanwhile, are moving aggressively to showcase their own commitment to protecting privacy. The company Kickboard is sharing privacy protection advice with other start ups. Clever posted its privacy policy on GitHub, which lets readers track any changes. And when parent activists took to Twitter to question how a startup called LearnSprout was using student data, the company responded by asking them for help making sure the data was protected. Months of dialog followed. LearnSprout unveils its new approach today: The company promises that it will never sell or rent personally identifiable information about students and will never use that information to improve or market its own products. Read more about the dialog from LearnSprout Marketing Director Paul Smith: http://bit.ly/1GCQUNw and from Rachael Stickland and Leonie Haimson of the Parent Coalition for Student Privacy: http://bit.ly/1CGVgnz.”

It’s legalized child abuse, plain and simple. I hope they all love hot places. They are all headed there! How dare they take advantage of innocent children!
LikeLike
When we see this activist SCOTUS bunch devise a twisted logic, as with a simple case involving a film on Hillary Clinton, and in such a convoluted way turn it into Citizen’s United, and then McCutcheon, to influence all American elections by allowing huge donations to PACs and other mystery groups which fund trash publicity about candidates….why would the Tri Partite Government we were taught represents us not continue to represent only themselves and the big money bosses who are so generous to them?
Gonzaga amazingly had some fairly liberal judges vote with Rehnquist. However, my hero, Bader Ginsburg wrote in opposition. Hope she stays well and active on the Court and lives to 120 years biblical years.
Even Rupert Murdoch and Joel Klein could not make a go of InBloom to data mine all this private information of America’s children so as to make a vast profit off it….so now who has bought off (oops…meant influenced) these legislators to make this data mining the law of the land?
Of course that other grossly untrustworthy British company, Pearson, has been doing this secretly for years as was reported so well on this site.
LikeLike
Ms Ravitch’s claims are completely false, though. The bill does the exact opposite of this. I don’t know why she’s changing the bills intent to strike it down. Aren’t we on the same side?
LikeLike
Frank, the bill’s intent is clear. No parental consent needed to share confidential student data with vendors.
LikeLike
OK, fair enough. Pearson may get the right to mine my future child’s data, and I will have the right to break their faces with a tire iron.
LikeLike
WHO are these people anyway? Answer: GREEDY and EVIL! This is more than SIC! Do we live in a democratic society? Answer: NO! Vote 3rd party. Save yourselves and your children. OPT OUT! It’s about $$$$$ and who controls. Money talks in a mercantile government. Our country is for sale. GROSS and most DISGUSTING.
LikeLike
Congress is committing TREASON!
LikeLike
Our CONGRESS deserves no respect whatsoever.
LikeLike
You all just woke up? The present chief justice of the U.S. Supreme Court (i.e., John Roberts) argued the case, Gonzaga v. Doe in 2002, that essentially paved the way for this to happen. It is mindboggling to me how so many rights guaranteed by the U.S. Constitution has been slowly TAKEN AWAY right before our eyes and we did NOTHING to stop the blatant deprivations which were actually made possible by lawyers and judges in our halls of justice. Students lost the rights to sue for damages in a situation like this, more than TWELVE years ago.
See: https://www.law.cornell.edu/supct/html/01-679.ZS.html
LikeLike
Correction
You all just woke up? The present chief justice of the U.S. Supreme Court (i.e., John Roberts) argued the case, Gonzaga v. Doe in 2002, that essentially paved the way for this to happen. It is mindboggling to me how so many rights guaranteed by the U.S. Constitution have been slowly TAKEN AWAY right before our eyes and we did NOTHING to stop the blatant deprivations which were actually made possible by lawyers and judges in our Halls of Justice across the country. Students lost the rights to sue for damages in a situation like this more than TWELVE years ago.
See: https://www.law.cornell.edu/supct/html/01-679.ZS.html
LikeLike
I sometimes think that there more worthy endeavors than there are people to support them. if developing an expertize in privacy rights is your thing, go for it. It is obviously an important topic especially with the rapid expansion of cyberspace. I know there are people out there who share your interest. You can educate the rest of us.
LikeLike
Certainly, the dissenting opinion by Stevens should be read by all
LikeLike
Scary, scary scary for those like myself who view the attack on public education as the “canary in the goldmine” for what is to come if Checks and Balances are not restored in government – the threat to something Americans have always held near and dear – our nation’s democracy.
LikeLike
Data is a commodity that is for sale, and kids are data. It’s as simple as that.
LikeLike
Diane, This is very misleading. Please read the actual bill because the proposed Messler bill is the exact opposite of what you are claiming
LikeLike
From the NYT:
In an effort to ease parent and teacher concerns, two congressmen are planning to introduce a bill on Monday that would place limits on how education technology companies can use information about kindergarten through 12th-grade students.
Randi Weingarten, president of the American Federation of Teachers, which demanded that Pearson halt its student social media monitoring.Pearson Under Fire for Monitoring Students’ Twitter PostsMARCH 17, 2015
Called the Student Digital Privacy and Parental Rights Act, the bill would prohibit companies that operate school services — like online homework portals, digital grade books for teachers or student email programs — from knowingly using or disclosing students’ personal information to tailor advertisements to them. It would also bar them from collecting or using student data to create marketing profiles.
I’m confused.
The Bill would Prohibit Access.
LikeLike
Reblogged this on stopcommoncorenys.
LikeLike
From an article in the NYT (online, 3/22):
But some privacy experts said the draft bill had major loopholes that would allow school services to use student information in ways students and parents might not expect or find acceptable.
For example, it allows school services to make unilateral changes to their contracts and privacy policies. It permits them to disclose student information for purposes like preparing for “employment opportunities.” And it would not prohibit sites like ConnectEDU from selling student records as part of a merger or acquisition.
The bill is also unlikely to prohibit companies like Pearson from monitoring the social media posts of students if those activities are performed on behalf of state educational agencies.
LikeLike
I remember being appalled that the US Military could enter the high schools and try to recruit the students. I was told they didn’t need my permission, but I could send a letter to the school if I preferred they didn’t speak to my child.
It sounds like we don’t even have that right any more. We can deny telemarketers access to our phone lines but we can’t deny the government’s cronies access to information about our underage children. Ever hear of “stranger danger”?
Ellen #WhenDid-I-GiveUpMyRightsAs-A-Parent
LikeLike