In today's data-sharing paradigm, personal data has become a valuable resource that intensifies the risk of unauthorized access and data breach. Increased data mining techniques used to analyze big data have posed significant risks to data security and privacy. Consequently, data breaches are a significant threat to individual privacy. Privacy is…

From the standpoint of a MOOC practitioner (i.e., a MOOC provider) instead of a rigorous comparative law researcher, this article attempts to analyze the potential legal issues and risks underlying instruction via MOOCs and compare these legal issues and risks between the small jurisdiction Macao and such major jurisdictions as the United States,…

The Canvas Learning Management System (LMS) is used in thousands of universities across the United States and internationally, with a strong and growing presence in K-12 and higher education markets. Analyzing the development of the Canvas LMS, we examine 1) 'frictionless' data transitions that bridge K12, higher education, and workforce data 2)…

Education, Big Data, and student privacy are a combustible mix. The improvement of education and the protection of student privacy are key societal values. Big Data and Learning Analytics offer the promise of unlocking insights to improving education through large-scale empirical analysis of data generated from student information and student…

In response to the February 14, 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, President Donald Trump established the Federal Commission on School Safety to review safety practices and make meaningful and actionable recommendations of best practices to keep students safe. The Commission conducted field visits,…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

In the midst of growing controversy over the limits of student expression on the Internet, a federal trial court in Pennsylvania addressed the extent to which education officials can restrict the ability of student teachers and, by extension, teachers and other school employees, to exercise their rights to free speech on Internet social networking…

Despite the 1998 Children's Online Privacy Act's supposed protections, most web sites still collect personal information and post no privacy statements. Internet-filtering software packages are described and suggestions given for creating a safe environment, dismantling "cookies," informing parents and teachers, and checking…

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

The privacy aspect of e-mail is a touchy subject. "Erased" computer files can easily be restored with simple software. Some public agencies are required to retain backup files on computer data and information. E-mail might also be subject to freedom-of-information access, depending how a "record" or "document" is defined. Also, e-mail exchanges…

Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…

Every year, a few administrators mishandle school searches and create spectacles similar to the New Castle, Pennsylvania, incident involving six illegally strip-searched students. Principals using "cops-and-robber" techniques to unearth contraband may not realize the potential for infringing on students' constitutional privacy rights.…

Sound technology policies can spell the difference between an effective website and an online nightmare. An effective web development policy addresses six key areas: roles and responsibilities, content/educational value, privacy and safety, adherence to copyright laws, technical standards, and use of commercial sites and services. (MLH)

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

The practice of identifying violence-prone students via checklists of personal characteristics and behaviors is accompanied by unanswered questions, recognized weaknesses, and serious implementation implications (for special services, suspensions and expulsions, and student rights). Stereotyping, discrimination, and wrongful identification of…