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Student Privacy

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

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Student Privacy

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  1. Student Privacy Feb. 4 2013

  2. 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

  3. Surveillance Is Purposeful Routine Systematic Focused For the Purpose of; Control Entitlement Management Influence Protection The primary purpose of surveillance is to collect information about the individuals concerned, their activities, or their associates. There may be a secondary intention to deter a whole population from undertaking some kinds of activity. --Roger Clarke

  4. 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

  5. Level 4 MASS SURVEILLANCE Level 3 ROUTINE SURVEILLANCE Mass surveillance established 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 Enforced, interactive and punitive surveillance. • 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 Enforcementprovide 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 Governmental bodies have assumed the role of agents of public interest

  6. (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

  7. The Balance of Power Individual Opacity privacy Information is POWER Personal Freedom High Liberty & Justice • Independence • Economic Prosperity • Innovation • Political and social participation Transparency Government Control Low

  8. Privacy is Essential for Everyone

  9. 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.

  10. 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!) “Once looked to as the starting place for imparting principles of freedom and democracy to future generations, America’s classrooms are becoming little more than breeding grounds for compliant citizens.” John Whitehead

  11. 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

  12. 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

  13. Information is POWER It’s All about the DATA ACCESS TO LARGE DATA SETS ARE PREREQUISITE TO SOCIAL CONTROL

  14. I learned everything I needed to know about schools from studying Fusion Centers. . . • Grants, Incentives • Fed Gov sets the ‘standards’ • Systems are interoperable and data is collected and sent to federal agencies. (Yes! That is a school!) Oklahoma Information Fusion Center PPT 2007 http://tinyurl.com/d3cwol2

  15. 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.

  16. 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

  17. US Dept. of Education created a new FERPA regulationthat 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 handwriting. http://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf 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.

  18. “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/FERPA-RuleChanges-34CFRPart99.pdf http://www2.ed.gov/policy/gen/guid/fpco/pdf/2012-final-regs.pdf

  19. 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. 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. Donna Garner, Hewitt, Texas Educator Tahlequah Public Schools CCST http://www.tahlequah.k12.ok.us/BOE/CCSS/

  20. Schools Interoperability Framework SIF-Breaking Down Silos Seamless reporting - district, state, federal Vertical Interoperability

  21. 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

  22. 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

  23. 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 after-school 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.

  24. “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.’” --JenniWhite, Restore Oklahoma Public Education www.RestoreOkPublicEducation.com

  25. 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-and-information-policy/14769.htm

  26. 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

  27. 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,.

  28. 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

  29. metal detectors drug tests Information sharing BIOMETRICS CCTV School Resource Officers RFID GPS zero tolerance

  30. Radio Frequency Identification (RFID) Technology used to identify, track and monitor any object RFID systems have three main components: 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 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

  31. CORPORATE Influence 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

  32. 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.

  33. Biometrics is used to establish a perfect connection between the body and personal data associated with an individual. travel transactions Health employment Financial Location Habits Medical education associations

  34. 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-calorie-consumption-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.

  35. Watching the world, changes the world. 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.

  36. 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-

  37. 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/ Also Recommended “Spy Chips” by Liz McIntyre and Katherine Albrecht http://www.spychips.com/what-is-rfid.html An Analysis of Recent Education Reforms and the Resulting Impact on Student Privacy More of ROPE’s Researchhttp://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 Chronology of data breaches in Education since 2005 Do Parents' Rights End at the Schoolhouse Gate? http://www.privacyrights.org/data-breach/new

  38. 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/

  39. Oklahomans for Fourth Amendment Rights ant the Capitol https://www.facebook.com/events/243434105789069/

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