Archive for the ‘privacy’ Tag

America, Learn from Rwanda and Jamaica – the Price of the Loss of Privacy   3 comments

 

 

National I.D. cards in Rwanda, like the one above, (see PreventGenocide.org) cost hundreds of thousands of innocent people to lose their lives in 1994, since certain tribal affiliation was cause for slaughter by the Rwandan government, and the government had access to all that ID information.

This week, in Jamaica, the big news is rollout of a mandatory, national ID card.  This ID system, hastily and without vetting, became law, despite concerns, protests and a 60,000 signature petition.

Today in the United States Congress, there are bills poised to create a system of national identification of individuals, being promoted by Republicans and Democrats.  I have listed them in bullet point form at the bottom of this article.

See what is happening in Jamaica, where national I.D. cards are suddenly now mandatory for all.  Below, watch this current-event (video).  A Jamaican student, Daniel Thomas, gets shouted at by his prime minister, after politely asking Prime Minister Holness to consider the 60,000 signatories of the petition against the ID, and to consider waiting for three months, to allow for discussion of both the pros and cons of having a national I.D. card, rather than to force the decision so quickly and without “ventilation”.

At minute 6:55, the Prime Minister says, “You know what I reject? Do you know what I reject? I reject the view that somehow you have a higher moral authority on this matter than I do. I am not here to create— and I make that point very clear– I am not here to create the system that is going to deprive Jamaicans of their freedom. And ..”

Student Daniel Thomas breaks in:  “But the bill does.”

He gets ignored and the prime minister goes on, “I am not hiding from consultation.  I am here facing the questions and answering them…  And I will go to every church in Jamaica, I will go to every room, every house, and I will answer them.  Because I am not trying to take away anybody’s rights.  And I find that this discussion is disingenuous, unfair, and untruthful.  And I will tell you, Jamaica, that I am not going to hide from this.”

 

Daniel Thomas of Jamaica

 

 

 

Holness denies trying to take away citizens’ freedoms.  But the bill has already passed.  Citizens did not get to discuss and debate it beforehand.  Holness seems to have persuaded himself despite facts.

Dear Prime Minister Holness, there are, as you know, penalties for failing to register for the Jamaican national I.D.  Jamaicans who don’t sign up will not be eligible for government handouts, and will be fined $100,000, or at a judge’s discretion, may be given “community service” to match the fine.

And how will the prime minister be able to control what happens with citizens’ data after he is no longer the prime minister?

I guess the  prime minister is shouting at the student because of the $68M grant from the Inter American Development Bank that Holness would lose if he failed to get the national ID card movement rolling in Jamaica.

Money, to the promoters, seems to follow the loss of liberty, everywhere you look.  The Inter American Development Bank gave Jamaica $68 million  to create this database of personal information on every Jamaican Citizen. Similarly, in 2009,  to promote common education standards and common data standards, the US federal government granted states a few millions each, to establish federally-interoperable student databases (SLDS systems).  And there are also smaller “grants” given to individual citizens, aka handouts/ benefits to Jamaican citizens who give up their data to the government.  This is happening in some places in the U.S. too.

How cheaply and carelessly some people sell other people’s lives/data, calling it not theft or and resale but progress, partnering, or “sharing”.

Right now in the U.S., though, people are probably more aware of and annoyed by corporate snooping than they are about the increase of government snooping.  But do they know that public-private partnerships combine corporate and government snooping!?  Facebook and the U.S. Department of Education have teamed up to make digital student badges.   Congress and corporate researchers teamed up to promote the FEPA bill (federal-state-corporate pii access) that sits in the Senate today. (S.2046).

Some folks see well-intentioned “research” as outlined by the Commission of Evidence Based Policy, or they agree with some “re-educating” of citizens about the “violence of patriarchal order” via the U.S. Department of Peacebuilding.  Understandable, I suppose.

But do they agree with the flat-out death to citizens who were pegged (via national I.D.) as dangerous in Rwanda?   –Or do they stomach the death of citizens in Germany and elsewhere who were pegged (via both identification documents and by the yellow star) as enemies of their government?  Should government have that much power to potentially weed us out– even if they “never would”?  Should they have the power to make that kind of choice?!

How would a survivor of the Rwandan genocide or the Jewish German genocide advise a Jamaican citizen, or a U.S. citizen, today?

Register for the ID, or pay the $100,000 fine?

Make a call to the U.S. Senate, or just keep eating Christmas cookies?

Here are a few of the data-grabbing and freedom-harming bills that must not pass into U.S. law.

 

  • Utah’s Senator Orrin Hatch is pushing his College Transparency Act, S1121.  It would remove the prohibition against sharing student pii (personally identifiable information) with the federal government.
  • Paul Ryan and Trey Gowdy pushed HR4174/S2046, The Foundations of Evidence-based Policymaking Act, which passed the House but still hasn’t passed the Senate.  It would mandate the sharing of personally identifiable information on citizens (without their knowledge) between agencies, both federal and state, as well as to private groups who define themselves as researchers.  This is a non-centralized, easily accessible, hackable, federal database of pii (personally identifiable information) collected without consent.
  • The Keeping Girls in School Act, S1171, from New Hampshire’s Senator Sheehan, would tax the U.S. an extra $35M per year to promote common education standards and data mining of foreign girls in foreign schools without their informed consent.  (Privacy of data is a joke in that bill: it promises, but contains no enforcement mechanism, to disaggregate students’ data “to the extent practicable and appropriate“. -i.e., not at all.)
  • The HR1111 The Department of Peacebuilding Act of 2017 makes a U.S. Department of Peacebuilding, requiring an office of “peacebuilding information and research” that will “compile studies on the physical and mental condition of children” and “compile information” and “make information available” because it requires the “free flow of information”.

Who gets to define children’s peace?  The Department of Peacebuilding. The bill creates that department, as well as a “peacebuilding curriculum” to be taught in pre-k, elementary, secondary, and beyond.

Among other things, students are to be taught that violence is: “the patriarchal structure of society and the inherent violence of such structure in the shaping of relationships and institutions“.

I think:  traditional family can be called a patriarchal structure.  Christians build lives on the words of 12 male apostles and Jesus Christ, and pray to a patriarchal Heavenly Father.  Are these institutions and relationships “inherently violent”?

Will the Department of Peacebuilding “compile information” and “make available” the “mental condition” of family life, a patriarchal order, as “inherently violent”?  Will my children be “rescued” from this “physical and mental condition”?

The concerns I am outlining would be nothing more than empty fears IF local decision makers were not gathering and sharing daily data on most school children, in response to grant opportunities— but they are!

The concerns I am outlining would be nothing more than empty fears IF corporate and federal agents were not able to access that personally identifiable student data, IF congress smartly nixed bills like the ones mentioned above– but why would they, when they are already ramming bills like these down our throats:  See here.

The concerns I am outlining above would be nothing more than empty fears IF decision makers locally chose not to use technologies that mine children’s social and emotional learning (SEL) and their “mental conditions”–but SEL and CES mining and labeling children’s social, emotional, sexual and religious “conditions” is growing.

The concerns I am outlining above would be nothing more than empty fears IF the United Nations was not promoting its own global ID system, in its I.D. 2020 program, and influencing nations to write bills/laws that will permit global identification systems of individuals, reasoning that there is a “critical importance of identity as an enabler of economic opportunity and explore the role that technology could play in providing a solution.”

Remember Rwanda.  Look at Jamaica.  Just say no to the U.N.’s, Congress’, and corporations’ looting of our kids’ data. 

 

 

 

 

 

 

 

 

 

 

 

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If Many Agree to Participate in Stealing, is it Still Stealing? Stop #FEPA in the Senate: S.2046   5 comments

Knowing that the history of liberty is “the history of the limitation of government power,” I ask you to take action to stop the bills known as FEPA (HR4174/S.2046) and CTA (S.1121).  This post will focus on the first bill, which is already teetering on the edge of passing into law.

FEPA is a pompous euphemism that stands for Foundations for Evidence-Based Policymaking.  But “evidence based policymaking” means that they’ll redefine data theft and stalking by calling it “evidence-based research”.  Because if agencies and organizations on the state and federal level  participate in the data-looting act together, it doesn’t feel quite like looting or stealing, as it would if just one well-intentioned, evidence-collecting creep stole data by himself.

All the fancy commissions and all the big-data infatuations in the world cannot change a wrong principle into a good one.  I’d love to ask the CEP leaders face to face whether big data is so important that freedom basics should be made obsolete.  Do we no longer worry about having our personal personal power limited– in consequence of personal data being taken?  No big deal?

I used to think that while all Democrats pushed for increased government, all Republicans sought limited government.  Not now:  Republicans Orrin Hatch, Paul Ryan, and even Trey Gowdy are supersizing government to empower big-data goals in their current bills– without any informed consent from the individuals whose data will be confiscated.

Representative Paul Ryan’s baby, the 2017 Commmission on Evidence-Based Policy, birthed this uglier baby,  Foundations of Evidence-Based Policymaking (FEPA HR4174)  that passed the U.S. House of Representatives without debate or a roll call vote, this month.

Unless the Senate ditches it next week, which is extremely unlikely, it will become national law.  But do you know what’s emerging in the bill?  Does your senator know?

The news media haven’t covered it, and Congress hasn’t debated it.  In fact, the House of Representatives suspended its rules to pass the House version super quickly, without a normal roll call vote: because it was supposedly so uncontroversial that there was no reason to have a real debate nor a recorded vote.

Yet it is highly controversial to those Americans who are passionate about a thing called human freedom.  We watched and listened to the CEP’s year-long hearings and submitted public comment and read the CEP’s final report.

Unpaid moms at Missouri Education Watchdog and expert lawyers at American Principles Project each recently published important warnings about the FEPA bill.   But proponents of FEPA rebutted those moms and lawyers.  What followed were brilliant, unarguable rebuttals to that rebuttal.  If truth and liberty were prime concerns to Congress, then FEPA would, following the study of these rebuttals, surely be gone.  But no.

 

 

You see, a lot of people are  counting on this particular set of claims to make them wealthy or powerful.

I am having what I wish was only deja vu.

Do you remember another Thanksgiving week, with freedom-harming bills slimeing their secretive way through Congress without debate, while most of us were too busy eating cranberries and turkey to pay attention?  Remember, after the ESSA bill passed, that then-Secretary Duncan boasted about the secretive nature of passing the ESSA bill into law.

He said, “We were intentionally quiet on the bill – they asked us specifically not to praise it – and to let it get through. And so we went into radio silence and then talked about it after the fact. . . . Our goal was to get this bill passed. . . [W]e were very strategically quiet on good stuff”.

Now it’s 2017.

Not surprisingly, proponents of FEPA (HR4174/S2046)  say that FEPA is so harmless and uncontroversial as to require zero debate– but in the same week, proponents released a myths-vs-facts sheet to Congressmen, rebutting the controversies outlined by the American Principles Project and by the Missouri Education Watchdog.   Hmm.

Additionally, although the majority of the public commenters who wrote to the CEP said that they were opposed to the data-sharing of student records without consent, FEPA does direct agencies to ignore their concerns.

FEPA says that agencies must report “statutory restrictions to accessing relevant data”–in other words, muggle bureaucrats must find ways to overcome people’s privacy rights.

FEPA gives no provisions for data security, while encouraging and enabling unlimited data swapping between government agencies.

FEPA  creates a “National Secure Data Service” with such extensive data sharing that creation of one central housing agency would be completely redundant.

There is much more.  You can read the bill.

The American Principles Project produced a rebuttal to the rebuttal of FEPA.  I am reposting just a piece of it.

 

RESPONSE TO HOUSE MAJORITY STAFF’S ARGUMENTS IN FAVOR OF FEPA

EXECUTIVE SUMMARY

 

Claim: FEPA doesn’t create a centralized data repository.

Rebuttal: FEPA moves toward the recommendation of the Commission on Evidence-Based Policymaking (Commission) to create a “National Secure Data Service” by 1) requiring each agency to create an evidence- building plan; 2) requiring the OMB Director to unify those plans across the entire federal government; 3) creating a “federal data catalog” and a “national data inventory”; and 4) requiring various councils to recommend how to vastly increase data linking and sharing among federal agencies, with states, and with public and private research entities.

Claim: FEPA doesn’t authorize any new data collection or data analysis.

Rebuttal: Regardless of whether FEPA expressly authorizes new data collection, it 1) incentivizes agency heads to expand, not maintain or minimize, data collection; 2) creates new sources of data for agencies by allowing unfettered access to other agencies’ data; 3) creates a process whereby public and private organizations can access non-public government data; 4) allows the OMB Director to expand the universe of statistical agencies and units; and 5) allows one person, the OMB director, to decide via post-enactment “guidance” what if any data will be exempt from sharing as too private or confidential.

Claim: FEPA “does not overturn an existing student unit record ban, which prohibits the establishment of a database with data on all students,” so parents need not worry about their children’s personally identifiable information (PII).

Rebuttal: FEPA doesn’t overturn this ban – that will almost certainly come later. But its extensive data-linking and data-sharing mandates create a de facto national database, whereby the data stays “housed” within the collecting agency but can be accessed by all. Title III specifically authorizes data “accessed” by federal agencies to be shared. This will threaten the security of not only the student data already maintained by the U.S. Department of Education (USED), but also the data in the states’ longitudinal data systems.

Claim: FEPA doesn’t repeal CIPSEA but rather strengthens it.

Rebuttal: FEPA strengthens nothing. It merely reiterates the same penalties (fine and jail term) in existence since 2002 that have rarely or never been enforced. Worse, FEPA increases threats to privacy and data security by mandating increased access to confidential data and metadata and encouraging unlimited data-swapping with no provisions for data security.

Claim: FEPA “does not respond to the Commission’s recommendations to repeal any ban on the collection or consolidation of data.”

Rebuttal: FEPA directs agency heads to identify and report “any statutory or other restrictions to accessing relevant data . . . ” Because the entire thrust of the bill is to use more and more data for “evidence-building,” the inevitable next step will be to implement the Commission’s recommendation of repealing these pesky statutory obstacles to acquiring “relevant” data.

Claim:  FEPA will make better use of existing data.

Rebuttal:  The federal government has reams of data showing the uselessness or harm of existing programs. When the government continues to fund those programs despite this data (see Head Start and manifestly ineffective programs under ESEA), there’s no reason -none- to assume it will change its behavior with even more data.

 

The following list of contact information is supplied by Missouri Education Watchdog Cheri Kiesecker.  Please don’t just share this on social media; actually call, yourself.  Actually tweet, yourself.  Others may not be doing their part.  Please, do yours and a few extra calls, if you can.

The Senate version of the bill (S2046) has been read twice and was referred to the Senate Committee on Homeland Security and Governmental Affairs.

Here is the list of the committee members.

The message is: vote no.  We don’t want information about private citizens shared at the national level, without any individual consent.

NO on  S.2046   NO on the Foundations for Evidence-Based Policymaking Act of 2017 (FEPA).

(And, coming up soon:  No on S.1121 – College Transparency Act – for the same reason: student privacy.)

Thank you.

Happy Thanksgiving.

 

Please Call to Stop Student Privacy-Torching Bills Now   4 comments

It’s a good day to call Congress.

It’s a good week to call repeatedly.

I hope thousands will pick up their phones to call (202-224-3121) to halt the student/citizen privacy-torching bills that are now up for a vote.

 

Here’s why.

Bills that destroy privacy in the name of research are right now, quite incomprehensibly, being sponsored by Republicans Orrin Hatch, Paul Ryan, and Trey Goudy, as well as Democrat Patty Murray.

Even though public comment was overwhelmingly AGAINST the formation of a federal database on individual citizens, the bills are moving, without debate.

Missouri Education Watchdog pointed out:

“There was tremendous public opposition to the CEP Commission’s proposal to create a national student record, as stated on page 30 of the CEP report:

Nearly two-thirds of the comments received in response to the Commission’s Request for Comments raised concerns about student records, with the majority of those comments in opposition to overturning the student unit record ban or otherwise enabling the Federal government to compile records about individual students.’ ”  

Bless the dear soul of the CEP clerk who was honest enough to publish that important tidbit in the CEP’s report of public comment.  But still, the CEP ignored the public’s wishes, and now, Paul Ryan and friends plan to continue to ignore the American people and to skip the debate process that Congress is supposed to follow.

Here are the bills:

In both cases, the promotion byte for passage of the bills is the government’s desire to do “transparent” research on the people, for the people’s own good.  Congress calls this “evidence-based policymaking“.

But a stalker could call his studies evidence-gathering, too.  Without informed consent, there is no justification for evidence-gathering on individuals.  I honestly keep scratching my head as to why these representatives and senators don’t get it.  Is someone paying them to give away Americans’ rights?  Do they honestly, in their heart of hearts, not see that this is theft?

Many trustworthy sources are in a panic about this, as am I.  Read what Missouri Ed Watchdog, Education Liberty Watch, and McGroarty/Robbins have written about this:  here and here and here 
Months ago, I wrote about Ryan’s precursor, the Commission on Evidence-Based Policy (CEP) and its designs– here.
I recorded the core of what the Commission on Evidence-Based Policymaking (CEP) was doing, after I’d painfully viewed hours of Ryan’s CEP Commission’s public meetings that promoted the benefits (to researchers and to the government) of creating a federal database of personally identifiable, individual information.  –By the way, no mention was ever made of gaining informed consent from citizens, prior to creating that database.  Lip service was given to the idea of “ensuring” that no unauthorized citizen could hack the federal database (an impossible thing to ensure).  At the time of the Commission’s posting of that video and my writing about it, I complained that their video was not embeddable.   Today, their video’s not even there.   Still, I do have an exchange, which I had typed up on that day:
The question was asked of the Commission:

“Let me try and ask what I think is a very difficult question …  you are working to bring data from other agencies or you have…  you’ve broadened their mission and you are bringing together data from many agencies and allowing researchers in and outside of government to access the data that you’ve brought together.  What are the ways that you could expand those efforts?  Um, and I’m not suggesting that we talk about a single statistical agency across government, but how could there be more of a coordination or maybe a virtual one statistical agency where census is playing a coordinating role, or what kinds of movements in that direction should we think about?…  What are the barriers to moving toward more coordination between the statistical agencies?”

The response at 1:29 from the CEP:

“… different rules that are attached to data that are sourced from different agencies or different levels of, you know, whether it’s federal or state… that if there was broad agreement in, that, you know, if there was one law that prosc–  had the confidentiality protections for broad classes of data, as opposed to, you know, here’s data with pii on it that’s collected from SSA, here’s data with pii on it that’s collected from the IRS; here’s data with pii on it that’s collected from a stateversus from a statistical agency– if data with pii on it was treated the same, you know I think that would permit, you know, organizations that were collecting pii-laden data for different purposes to make those data available more easily. Now, that’s probably a pretty heavy lift… do this in sort of baby steps as opposed to ripping the band aid. I think ripping the band-aid would probably not fly.”

 

 

 

So, months ago, Ryan’s CEP  admitted  that what it was doing would be considered unacceptable, so unacceptable that it “would probably not fly” so they ought to carefully trick the American people by moving toward such a centralized database in “baby steps”.

Yet, this week,  Ryan’s CEP has skipped its own recommended baby steps,  and is about to openly rip off more than just a band aid from the American people.

Congress is about to vote to rip off American privacy rights.

Pro-citizen-tracking Republicans and data-desperate researchers are making a bet that the American people are so asleep or confused or unconcerned, that we will say nothing while they make the theft of individual privacy justified, under new laws.

The CEP and Paul Ryan are undoubtedly good folks with research-driven intentions, butno good intention can supercede the vital importance of this basic American right: to keep personal privacy– to not be tracked, as an innocent citizen, without reason or warrant, by the government.

 

Please call and stop these bills.

Call Congress– 202-224-3121.  Or check the directory here. 

If you don’t know what to say, use this simple truth: that without individuals’ informed consent, it is theft to collect and store an innocent citizen’s personally identifiable information.  If an individual does this to another individual, it’s punishably wrong; if a government does it to individuals, even after voting itself into justification of the act, it’s still wrong.

Please call, and call, and call.  (202-224-3121)

 

 

Updated: Protect Children’s Privacy: UT Legislature MUST Support HB0358   4 comments

Update 3/10/16:  Utah’s legislative session has passed, but HB 358, the student privacy bill, has not been funded.  And so we are stuck, at least for another year, without proper protections for our children.  (If you don’t know why that’s bad, begin by reading a recent article in the Atlanta Journal Constitution, by Jane Robbins, on why Georgia is considering a student privacy bill):

Robbins explains,  “…parents have heard glowing claims that ‘digital’ or ‘personalized’ learning will transform education, but they may not understand exactly what this means…[I]nteractive programs, marketed by private ventors, frequently use sophisticated software that collects massive amounts of highly personal information about the student’s behaviors, mindsets and attitudes”. She mentions the fact that the U.S. Department of Education is gung-ho on slurping up that personal, psychological information about beliefs and attitudes, as evidenced in its own published draft  reports.  (Must-reads!)  Robbins makes the real point when she writes,  “The issue here goes far beyond data security.  It is whether the government and private companies have any right to collect this highly sensitive data in the first place.”

Not passing/funding the Utah HB 358 privacy bill, while passing and funding HB 277, the digital education bill, was crazy.  It was the worst mistake of this entire legislative year.

Does the legislature not know that data is the new gold rush, and that education vendors are behaving as if this is the old wild west, without solid laws to govern student data sharing and partnering and selling?  Does the legislature not know that to the federal government, also, data is the new gold rush as well, and that our own Congressman Jason Chaffetz held recent hearings against the Department of Education for its data insecure practices– and gave the Dept. an “F”?

Think of it this way:  legislators just barely bought the children and teachers of Utah the trendiest, shiniest $15 million vehicle (HB 277) while saying, “We are unable –or unwilling — to pay for seat belts and air bags” –though the safety features would have cost a tiny, tiny fraction (one-sixteenth) of what the vehicle cost.

Where are their brains?

That digital vehicle, HB277 is worthless, at least to this mom, without the seat belts for the kids.  I, for one, will not allow my own children to get into that wild, glittering ride.

 

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Original post:

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HB 358 is here.  It is no small miracle.

If it does not pass (and get funded) tomorrow, the Utah legislature is silently informing us that privacy protections for children’s data do not really matter, and that citizens should not have rights to personal ownership over their personal data.

Even though HB 358 is scheduled for a hearing today at the Capitol:  Tuesday, March 8th, at 5:00 p.m., the bill is in trouble because the executive appropriations committee did not fund it.  That’s almost the same thing as killing the bill.   (The appropriations committee needs to hear from MANY of us, as fast as possible.  See below for contact information.)

I have been head-bangingly furious about the lack of proper privacy protections for my children since 2012, when I found out that there was such a thing as a State Longitudinal Database System (SLDS)– here and in every other state–and when I then asked to opt out of SLDS tracking, I just received the State School Board’s official “no” letter.

In America, land of the free!  In Utah, land of family-friendly liberty.  Here, I was told that I was not allowed to opt my child out of  SLDS, so that being tagged, tracked, and longitudinally stalked, from day one in school until my child was a working adult and beyond, was a mandate.

I also found out that:

1-  Although it starts with the word “State,” the SLDS is federally paid-for and is aligned to federal data standards and is federally interoperable;

2.  Those who house Utah’s SLDS have zero legislative oversight.  Incredibly, when SLDS began in 2009, there was zero vote-taking; SLDS came because of a grant application filled out by a clerk at the state office of education simply asking for a federal SLDS grant, and then it was implemented without voter approval.  Yet SLDS is 100% applied to all school children, non-consensually.

4.  FERPA (federal privacy law) was altered in 2009 by the Department of Education to become almost meaningless.  Despite a huge law suit, FERPA stayed in its altered, privacy-harming state.   So:  in-state or beyond, proper privacy protections do not exist.  (For more on that, see the recent hearings of Rep. Jason Chaffetz against the U.S. Dept. of Education)

5.  SLDS interfaces with many other state agencies in the Utah Data Alliance, so there is no guarantee that a student’s private data, collected by a school, won’t end up in the data silo of another agency totally unrelated to education.  SLDS has the ability, if state policy allows, to also interface with federal agencies’ data, other states’ and even other nations’ data collections.

 

This situation has literally kept me up at night, many nights, including tonight.

Along with countless other moms and dads, lawyers, think tanks, and legislators, I’ve done a lot of research and writing and speaking and pleading on this subject.  See some of what I learned and shared in the past four years, here or here or here or here or here or here or here or here.

I tell you all this in case you are new to this issue so that you’ll understand how INCREDIBLY important passing  HB 358 is.

House Bill 358 ought to be treated as one of the very most, if not the most, important bill at the Capitol this year.  But the legislature is saying that there isn’t enough money to pass the privacy bill, which has an implementation price tag of $800,000.  Oddly, the legislature has agreed to fund the FIFTEEN MILLION DOLLAR technology grant program, HB 277, but that technology bill is meaningless without privacy protections for students’ data.

Is the “no funding for HB 358” decision truly a budgeting pinch decision, or is it a matter of the legislators not caring enough about the rights of students to have privacy?

Here are a few of the lines in the bill that I really appreciate:

Line 463 says:   “A student owns the student’s personally identifiable student data”.

Lines 494-503 say that schools have to give disclosure statements to parents, promising not to share certain types of data with out a data authorization.

Lines 775-792 prohibit psychiatric or psychological tests or analysis without prior written consent of parents, and specifically protect data collection about sexual orientation and behavior, mental problems, religious beliefs, self-incriminating behavior, appraisals of individuals with whom the student has a close family relationship; income, etc, and that written consent is required in all grades, kindergarten through 12th.

The bill designates three different types of data that schools may collect:  necessary, optional, and prohibited.

Even though the “necessary” list seems too long, at least it limits data collection.  It will collect data “required by state statute or federal law to conduct the regular activities of an education entity” such as name, date of birth, sex, parent contact information, student i.d., test results or exceptions from taking tests, transcript information, immunization record or exception from an immunization record, drop out data, race, etc.

Line 346-351    The “optional” list includes IEP information, biometric information, and information that is required for a student to participate in federal data gathering programs.

Lines 356 – 376  The bill also defines “personally identifiable student data” as data that cannot be legally disaggregated (identified by a particular student)  (See lines 224-227 for disaggregation language):

356          (i) a student’s first and last name;
357          (ii) the name of a student’s family member;
358          (iii) a student’s or a student’s family’s home or physical address;
359          (iv) a student’s email address or online contact information;
360          (v) a student’s telephone number;
361          (vi) a student’s social security number;
362          (vii) a student’s biometric identifier;
363          (viii) a student’s health or disability data;
364          (ix) a student’s education entity student identification number;
365          (x) a student’s social media login or alias;
366          (xi) a student’s persistent identifier, if the identifier is associated with personally


367     identifiable student data, including:
368          (A) a customer number held in a cookie; or
369          (B) a processor serial number;
370          (xii) a combination of a student’s last name or photograph with other information that
371     together permits a person to contact the student online;
372          (xiii) information about a student or a student’s family that a person collects online and
373     combines with other personally identifiable student data to identify the student; and
374          (xiv) other information that, alone or in combination, is linked or linkable to a specific
375     student that would allow a reasonable person in the school community, who does not have
376     first-hand knowledge of the student, to identify the student with reasonable certainty.

We need to protect our kids!  This bill NEEDS to pass!

If you’ve ever read 1984 and remember Big Brother; if good old-fashioned history books have taught you that tyranny has been far more dominant than liberty throughout world history (with the exception of a freedom experienced in the U.S. under the Constitution for a few 200+ years) –or if you’ve been paying attention to the recent struggle between big-data and individual rights–  then you know:  allowing any person or government –unfettered–  to track individuals without their consent, for virtually the duration of their entire lives, is a very bad idea.

We need as many emails and phone calls or texts as we can muster before 5:00 p.m. tomorrow, Tuesday, March 8,  to the following representatives, and especially to Speaker of the House Greg Hughes and President Niederhauser:

Representative (Speaker) Hughes  greghughes@le.utah.gov

Senator (President) Niederhauser   wniederhauser@le.utah.gov

Senator Sanpei       dsanpei@le.utah.gov

Senator Hillyard  lhillyard@le.utah.gov

Senator Dunnigan  jdunnigan@le.utah.gov

Senator Adams  jsadams@le.utah.gov

Representative Gibson  fgibson@le.utah.gov

Senator Okerlund  rokerlund@le.utah.gov

Here they are, ready to cut and paste into your email:     dsanpei@le.utah.gov lhillyard@le.utah.gov jdunnigan@le.utah.gov jsadams@le.utah.gov  fgibson@le.utah.gov  rokerlund@le.utah.gov  greghughes@le.utah.gov   wniederhauser@le.utah.gov

 

Thank you.

 

http://le.utah.gov/~2016/bills/static/HB0358.html

 

U.S. Senator David Vitters’ Privacy Bill in Congress Can Protect Student Data   1 comment

David_Vitter-112th_congress--240x300

Ever since that dark day three years ago when I received a written response from the State Office of Education saying that the answer to my question was “No,” –NO to the question of whether a student could attend school to simply learn (as opposed to being tracked at school, as “human capital” by the state and federal SLDS and P-20w data mining systems, without parental consent or knowledge)  –ever since that day, I’ve been on a quest to reclaim our basic constitutional freedom of privacy, the right to NOT be inventoried like merchandise of the state.

A lot of other people agree that privacy and freedom matter.   But not all.   The big money in big data is so big; data is the Gold Rush of our age, not to mention to big control issue “datapalooza movement” of our age, making it difficult to overpower the big data lobbyists and their giant piles of fat money that work very effectively against moms and dads and non-monied lobbyists and activists like you and me.

Twice, for example, a Utah state legislator has tried to run a privacy protection bill for Utah kids.  Two years in a row it hasn’t even gotten close to getting off the ground in the Utah legislature.  Seems that money and power talk more persuasively than children’s or family’s rights, even in Utah.

But today many organizations nationwide are joining to support and to push forward Louisiana Senator David Vitter’s congressional bill that returns control of education records to parents on the federal level.  It’s big news.  See Breitbart, The Hill, Truth in American Education.

The bill summary focuses on:

Rolling Back Department of Education Regulations:

Ensuring Parental Consent in All Cases

  • The bill implements new, more robust guidelines, in order to protect student privacy, for schools and educational agencies to release education records to third parties, even in cases of recordkeeping.
  • These entities will be required to gain prior consent from students or parents and implement measures to ensure records remain private. Further, educational agencies, schools, and third parties will be held liable for violations of the law through monetary fines.

Extending Privacy Protections to Home School Students

  • FERPA does not currently apply to students who do not attend a traditional education institution, such as students who are homeschooled, despite some states requiring homeschoolers to file information with their school district.
  • This bill extends FERPA’s protections to ensure records of homeschooled students are treated equally.

Limits Appending Data and Collection of Additional Information

  • The bill prohibits educational agencies, schools, and the Secretary of Education from including personally identifiable information obtained from Federal or State agencies through data matches in student data.
  • Federal education funds will be prohibited from being used to collect any psychological or behavioral information through any survey or assessment.

 

Organizations supporting Vitters’ privacy bill include:

  • American Principles in Action
  • Concerned Women for America Legislative Action Committee
  • Eagle Forum
  • Education Liberty Watch
  • Home School Legal Defense Association
  • Women on the Wall
  • Special Ed Advocates to Stop Common Core
  • Stop Early Childhood Common Core
  • Arkansans for Education Freedom
  • Arkansas Against Common Core
  • The Florida Stop Common Core Coalition
  • Florida Parents RISE
  • The Tea Party Network
  • Georgians to Stop Common Core
  • Opt Out Georgia
  • Idahoans for Local Education
  • Hoosiers Against Common Core
  • Iowa RestorEd
  • Iowa for Student Achievement
  • Kansans Against Common Core
  • Louisiana  Against Common Core
  • Common Core Forum
  • Stop Common Core Massachusetts
  • Stop Common Core in Michigan, Inc.
  • Minnesotans Against Common Core
  • Missouri Coalition Against Common Core
  • South Dakotans Against Common Core
  • Tennessee Against Common Core
  • Truth in Texas Education  
  • Truth in Catholic Education  
  • Utahns Against Common Core
  • WV Against Common Core
  • Wyoming Citizens Opposing Common Core

 

Please contact your state legislators, board members and congressional representatives in support of this bill. 

Board@schools.utah.gov  is the email for all the members of the state school board.    Find congressional legislators and state legislators here:   http://www.utah.gov/government/contactgov.html
baby
P.S.      I often get asked why this matters.   Last week, for example, at the Salt Lake County Republican Organizing convention, people came up to the booth where I was answering questions and asked, “What information is being collected about my child?”  My response?  Rather than to point them to the National Data Collection Model data points that are being requested, I simply say this truth:  there are NO proper privacy protections in place; federal FERPA law was destroyed by the Dept. of Education, and we have no idea what information is being collected locally; we do know there is a database that we aren’t allowed to opt out of;  we do know that there are no prohibitions on the schools/state/federal government/corporations collecting as much as they can get away with.
We know that the National Data Collection Model invites and encourages schools and states to collect over 400 data points.  And we know that no laws currently prevent schools/states from doing so.  It is only good intentions and individual/district policy that is preventing an Orwellian data collection reality today.
We need to establish proper, real protections.  We need strong laws that establish that students and families, not the state/corporate/federal education forces, own the data and control the data.  We need opt out laws from participation in the database systems too.  We need to talk about this issue often and openly.  And the ball is in the parents’ court.  The boards aren’t fighting for data privacy.  The lobbyists are actively fighting against data privacy.  And no legislator will fight for your child until you demand that he does.
Ask your legislator to support Senator Vitters’ bill, and to write state laws that enforce these protections too.

Stealth Testing: An Unacceptable Alternative to High Stakes Tests   11 comments

stealth assessment baby

 

Senator Howard Stephenson was right when he said on the Rod Arquette Show  that SAGE tests turn our children into guinea pigs and that SAGE should be abandoned immediately, this very minute.

He was right when he said that it’s educational malpractice to use a beta-test to judge students and teachers and schools.

He was right in saying that it’s unethical to test students in January and February on content that hasn’t even been introduced for that school year yet.

But why was there no mention of privacy –or of parental rights to informed consent?  Why is that not part of his stop-SAGE argument?  Why is the senator pushing back against SAGE/Common Core tests now, when he never has done so before?  He could have helped pass Rep. Anderegg’s student data privacy bill, two years in a row.  He could have done so much to protect our children.  He did not.   The student data privacy bill is, once again, two years in a row, utterly dead in the water.

I do suspect, because of Stephenson’s infatuation with all things technological, that Stephenson is using the anti-SAGE argument to lead listeners toward acceptance of something  just as sinister or worse:  curriculum-integrated tests, also known as “stealth assessments”.   

That’s what’s coming next.  And stealth will hurt, not help, the fight for parental rights and student privacy rights.

A resolution just passed the Utah House of Representatives along these stealth assessment lines, called  HCR7.  The visible intentions of HCR7 are great:  to reduce the amount of time wasted on testing  and reducing test anxiety; to expand the amount of time spent teaching and learning instead of test-prepping.  Its sponsor, Rep. Poulson, explained in a KSL quote: “my family were small farmers and cattlemen, and I know just from that experience that if you spend all of your time weighing and measuring, and not feeding, it causes problems.”

Agreed!  Education for a child’s benefit should be its own end, not just a stepping stone toward the Capital T Tests.

But, but, but.

See line 66.  It wants to “maximize the integration of testing into an aligned curriculum“.  How?

The school system just hides the fact that a test is happening from its students.

The techno-curriculum can suck out a constant stream of personal data from the student’s technology use.  Assignments, projects, and even games can constantly upload academic and nonacademic data about the child, all day every day, into the State Longitudinal Database Systems —and into the hands of third-party technology vendors.

This concept is hot-off-the-press in trendy scholarly journals and books under the name “stealth assessment“.  Stealth is what Pearson (world’s largest educational sales products company)  is very excited about.   Philanthropist-lobbyist Bill Gates has been throwing his money at the stealth assessments movement.  NPR is on board.   (Dr. Gary Thompson warned of the trend as part of his presentation as he exposed the lack of validity studies or ethics in Utah’s SAGE test.  Also read researcher Jakell Sullivan’s article about stealth testing.)

As Dr. Thompson has pointed out, stealth can be honorable and valuable in a private, parentally consented-to, setting:  when a parent asks a trained child psychologist to help heal a hurt child, he/she can analyze a child’s drawings, how a child plays with toys, or how he organizes objects, etc.

The difference is informed consent.

The governmental-corporate machine is suggesting that legislatures force schools to adopt compulsory testing embedded in school curriculum and activities, allowing student data collection to be pulled without informed consent.

Do we want our students to be tested and analyzed and tracked like guinea pigs all day, year after year—  not by teachers, but by third party vendors and the government?

Stealth testing, or “integrated testing” removes the possibility for parental opt-outs.  I’m not for that.  Are you?

Why doesn’t anyone seem to care?   I repeat:  two years in a row Rep. Jake Anderegg’s student data protection bill has gone unpassed.  I cannot understand the legislature’s apathy about privacy rights and the lack of valiant protection of children’s privacy in this data-binging day and age.

I don’t get it.  Someone, tell me why this is not important in a supposedly child-friendly state.  It is known all over the planet that private data is the new gold, the new oil.  Knowledge about individuals is power over them. When someone knows extremely detailed information about individuals, they can can persuade them, influence them, guide them, help them –and control them. Children’s privacy, their data, is gold to corporations and governments. Yet they are not being protected.  Our legislators don’t think it’s important enough.  We can pass bills about every petty thing you can imagine, but we can’t protect our kids from having their gold robbed every single day.  I can’t believe it’s just neglect and busy-ness.  I think it’s greed-based.

Don’t believe it?  Study what the feds have done in recent years to destroy student privacy.  Search Utah code for any mention of students having rights to their own data, or ownership of it; search in vain for any punishment when data is collected without parental consent by schools or third party vendors.  See corporations salivating over taken student data –collected without parental consent by every state’s “State Longitudinal Database System”.

Look at this detailed Knewton interview where the corporation brags about millions of data points —soon to be billions, they brag– of data points, collected thanks to schools, but benefitting the corporate pocketbook:  https://www.insidehighered.com/news/2013/01/25/arizona-st-and-knewtons-grand-experiment-adaptive-learning

Watch the Datapalooza event where the same type of talk is going on– absolutely no discussion of parental rights, of privacy rights, of the morality of picking up academic and nonacademic personal information about another person without his/her consent nor parental consent:  https://youtu.be/Lr7Z7ysDluQ

See this recent Politico article that casually discusses Salt Lake City’s Cyber Snoops working for Pearson, tracking our children:   http://www.politico.com/story/2015/03/cyber-snoops-track-students-116276.html

 

Our elected representatives, from Governor Herbert through Howard Stephenson through Marie Poulson through our state school board, are not demonstrating any respect for parental consent.  By their inaction, they are violating our children’s data privacy.

Utah is volunteering to give away our gold, our children’s private data–  out of naiivete, greed, or tragically misplaced “trust”.

There is only one solution that I can see:  parents,  we are the only ones who really care.  WE CAN SPEAK UP.

We can protect our children by pressuring our elected representatives at the senate, house and state school board.  We can tell elected representatives that our children need and deserve proper data privacy protection.  Tell them that FERPA is broken and we need local protection. Tell them we will not tolerate embedded tests in the daily curriculum and technologies that our children use.

Demand the dignity of privacy for your child.  Say NO to “integrated curriculum and testing”– stealth assessment.    Put these words in  your elected representatives’ inboxes and messaging systems and twitter feeds and ears.  Don’t let it rest.  Be a pest.  Silence is acquiescence.

Children and their private data are not “stakeholder” owned inventory.  Children are not “human capital” to be  tracked and directed by the government.  My child is mine.  He/she has a mission unrelated to fattening up the workforce or serving Prosperity 2020.   I do not think the legislature comprehends that fact.  

Maybe I am not barking loudly enough.  Maybe a hundred thousand parents need to be barking.

I’ll repaste the elected representatives’ email information here.

 

———————————————————————–

Write to the Utah State School Board:    Board@schools.utah.gov

Here are the Utah State Representatives.  

District Representative Party Counties Represented Contact Info
1 Sandall, Scott D. R Box Elder, Cache ssandall@le.utah.gov
435-279-7551
2 Lifferth, David E. R Utah dlifferth@le.utah.gov
801-358-9124
3 Draxler, Jack R. R Cache jdraxler@le.utah.gov
435-752-1488
4 Redd, Edward H. R Cache eredd@le.utah.gov
435-760-3177
5 Webb, R. Curt R Cache curtwebb@le.utah.gov
435-753-0215
6 Anderegg, Jacob L. R Utah janderegg@le.utah.gov
801-901-3580
7 Fawson, Justin L. R Weber justinfawson@le.utah.gov
801-781-0016
8 Froerer, Gage R Weber gfroerer@le.utah.gov
801-391-4233
9 Peterson, Jeremy A. R Weber jeremyapeterson@le.utah.gov
801-390-1480
10 Pitcher, Dixon M. R Weber dpitcher@le.utah.gov
801-710-9150
11 Dee, Brad L. R Davis, Weber bdee@le.utah.gov
801-479-5495
12 Schultz, Mike R Davis, Weber mikeschultz@le.utah.gov
801-859-7713
13 Ray, Paul R Davis pray@le.utah.gov
801-725-2719
14 Oda, Curtis R Davis coda@le.utah.gov
801-725-0277
15 Wilson, Brad R. R Davis bradwilson@le.utah.gov
801-425-1028
16 Handy, Stephen G. R Davis stevehandy@le.utah.gov
801-979-8711
17 Barlow, Stewart R Davis sbarlow@le.utah.gov
801-289-6699
18 Hawkes, Timothy D. R Davis thawkes@le.utah.gov
801-294-4494
19 Ward, Raymond P. R Davis rayward@le.utah.gov
801-440-8765
20 Edwards, Rebecca P. R Davis beckyedwards@le.utah.gov
801-554-1968
21 Sagers, Douglas V. R Tooele dougsagers@le.utah.gov
435-830-3485
22 Duckworth, Susan D Salt Lake sduckworth@le.utah.gov
801-250-0728
23 Hollins, Sandra D Salt Lake shollins@le.utah.gov
801-363-4257
24 Chavez-Houck, Rebecca D Salt Lake rchouck@le.utah.gov
801-891-9292
25 Briscoe, Joel K. D Salt Lake jbriscoe@le.utah.gov
801-946-9791
26 Romero, Angela D Salt Lake angelaromero@le.utah.gov
801-722-4972
27 Kennedy, Michael S. R Utah mikekennedy@le.utah.gov
801-358-2362
28 King, Brian S. D Salt Lake, Summit briansking@le.utah.gov
801-560-0769
29 Perry, Lee B. R Box Elder, Weber leeperry@le.utah.gov
435-225-0430
30 Cox, Fred C. R Salt Lake fredcox@le.utah.gov
801-966-2636
31 DiCaro, Sophia M. R Salt Lake sdicaro@le.utah.gov
32 Christensen, LaVar R Salt Lake lavarchristensen@le.utah.gov
801-808-5105
33 Hall, Craig R Salt Lake chall@le.utah.gov
801-573-1774
34 Anderson, Johnny R Salt Lake janderson34@le.utah.gov
801-898-1168
35 Wheatley, Mark A. D Salt Lake markwheatley@le.utah.gov
801-556-4862
36 Arent, Patrice M. D Salt Lake parent@le.utah.gov
801-889-7849
37 Moss, Carol Spackman D Salt Lake csmoss@le.utah.gov
801-647-8764
38 Hutchings, Eric K. R Salt Lake ehutchings@le.utah.gov
801-963-2639
39 Dunnigan, James A. R Salt Lake jdunnigan@le.utah.gov
801-840-1800
40 Miller, Justin J. D Salt Lake jjmiller@le.utah.gov
801-573-8810
41 McCay, Daniel R Salt Lake dmccay@le.utah.gov
801-810-4110
42 Coleman, Kim R Salt Lake kimcoleman@le.utah.gov
801-865-8970
43 Tanner, Earl D. R Salt Lake earltanner@le.utah.gov
801-792-2156
44 Cutler, Bruce R. R Salt Lake brucecutler@le.utah.gov
801-556-4600
45 Eliason, Steve R Salt Lake seliason@le.utah.gov
801-673-4748
46 Poulson, Marie H. D Salt Lake mariepoulson@le.utah.gov
801-942-5390
47 Ivory, Ken R Salt Lake kivory@le.utah.gov
801-694-8380
48 Stratton, Keven J. R Utah kstratton@le.utah.gov
801-836-6010
49 Spendlove, Robert M. R Salt Lake rspendlove@le.utah.gov
801-560-5394
50 Cunningham, Rich R Salt Lake rcunningham@le.utah.gov
801-722-4942
51 Hughes, Gregory H. R Salt Lake greghughes@le.utah.gov
801-432-0362
52 Knotwell, John R Salt Lake jknotwell@le.utah.gov
801-449-1834
53 Brown, Melvin R. R Daggett, Duchesne, Morgan, Rich, Summit melbrown@le.utah.gov
435-647-6512
54 Powell, Kraig R Summit, Wasatch kraigpowell@le.utah.gov
435-654-0501
55 Chew, Scott H. R Duchesne, Uintah scottchew@le.utah.gov
56 Christofferson, Kay J. R Utah kchristofferson@le.utah.gov
801-592-5709
57 Greene, Brian M. R Utah bgreene@le.utah.gov
801-889-5693
58 Cox, Jon R Juab, Sanpete jcox@le.utah.gov
435-851-4457
59 Peterson, Val L. R Utah vpeterson@le.utah.gov
801-224-4473
60 Daw, Brad M. R Utah bdaw@le.utah.gov
801-850-3608
61 Grover, Keith R Utah keithgrover@le.utah.gov
801-319-0170
62 Stanard, Jon E. R Washington jstanard@le.utah.gov
435-414-4631
63 Sanpei, Dean R Utah dsanpei@le.utah.gov
801-979-5711
64 Thurston, Norman K R Utah normthurston@le.utah.gov
385-399-9658
65 Gibson, Francis D. R Utah fgibson@le.utah.gov
801-491-3763
66 McKell, Mike K. R Utah mmckell@le.utah.gov
801-210-1495
67 Roberts, Marc K. R Utah mroberts@le.utah.gov
801-210-0155
68 Nelson, Merrill F. R Beaver, Juab, Millard, Tooele, Utah mnelson@le.utah.gov
801-971-2172
69 King, Brad D Carbon, Duchesne, Emery, Grand bradking@le.utah.gov
435-637-7955
70 McIff, Kay L. R Emery, Grand, Sanpete, Sevier kaymciff@le.utah.gov
801-608-4331
71 Last, Bradley G. R Iron, Washington blast@le.utah.gov
435-635-7334
72 Westwood, John R. R Iron jwestwood@le.utah.gov
435-586-6961
73 Noel, Michael E. R Beaver, Garfield, Kane, Piute, San Juan, Sevier, Wayne mnoel@kanab.net
435-616-5603
74 Snow, V. Lowry R Washington vlsnow@le.utah.gov
435-703-3688
75 Ipson, Don L. R Washington dipson@le.utah.gov
435-817-5281

 

Here are the Utah Senators (write more than just your own senator.)

 

District Name Email County(ies)
1 Escamilla, Luz (D) lescamilla@le.utah.gov Salt Lake
2 Dabakis, Jim (D) jdabakis@le.utah.gov Salt Lake
3 Davis, Gene (D) gdavis@le.utah.gov Salt Lake
4 Iwamoto, Jani (D) jiwamoto@le.utah.gov Salt Lake
5 Mayne, Karen (D) kmayne@le.utah.gov Salt Lake
6 Harper, Wayne A. (R) wharper@le.utah.gov Salt Lake
7 Henderson, Deidre M. (R) dhenderson@le.utah.gov Utah
8 Shiozawa, Brian E. (R) bshiozawa@le.utah.gov Salt Lake
9 Niederhauser, Wayne L. (R) wniederhauser@le.utah.gov Salt Lake
10 Osmond, Aaron (R) aosmond@le.utah.gov Salt Lake
11 Stephenson, Howard A. (R) hstephenson@le.utah.gov Salt Lake, Utah
12 Thatcher, Daniel W. (R) dthatcher@le.utah.gov Salt Lake, Tooele
13 Madsen, Mark B. (R) mmadsen@le.utah.gov Salt Lake, Utah
14 Jackson, Alvin B. (R) abjackson@le.utah.gov Utah
15 Dayton, Margaret (R) mdayton@le.utah.gov Utah
16 Bramble, Curtis S. (R) curt@cbramble.com Utah, Wasatch
17 Knudson, Peter C. (R) pknudson@le.utah.gov Box Elder, Cache, Tooele
18 Millner, Ann (R) amillner@le.utah.gov Davis, Morgan, Weber
19 Christensen, Allen M. (R) achristensen@le.utah.gov Morgan, Summit, Weber
20 Jenkins, Scott K. (R) sjenkins@le.utah.gov Davis, Weber
21 Stevenson, Jerry W. (R) jwstevenson@le.utah.gov Davis
22 Adams, J. Stuart (R) jsadams@le.utah.gov Davis
23 Weiler, Todd (R) tweiler@le.utah.gov Davis, Salt Lake
24 Okerlund, Ralph (R) rokerlund@le.utah.gov Beaver, Garfield, Juab, Kane, Millard, Piute, Sanpete, Sevier, Utah, Wayne
25 Hillyard, Lyle W. (R) lhillyard@le.utah.gov Cache, Rich
26 Van Tassell, Kevin T. (R) kvantassell@le.utah.gov Daggett, Duchesne, Summit, Uintah, Wasatch
27 Hinkins, David P. (R) dhinkins@le.utah.gov Carbon, Emery, Grand, San Juan, Utah, Wasatch
28 Vickers, Evan J. (R) evickers@le.utah.gov Beaver, Iron, Washington
29 Urquhart, Stephen H. (R) surquhart@le.utah.gov Washington

 

 

 

 

 

Weighing Data-Driven Decision Making Against Privacy Under Common Core   5 comments

fish

Should parents have the right to opt out of having children essentially stalked by SLDS, the State Longitudinal Database?

The State School Board doesn’t think so.

Boiling down the  conflict about personal data, we get to two ideas; which one do you value more?

It’s either:

1) –  Our Constitutional right to be free from “unreasonable search and seizure” of “private effects” (unless there truly is some “probable cause” of our guilt)

OR:

2) –  The corporate and government-backed movement to gather and share “robust data” to enable “data-driven decisions” that may serve educational research.

Take some time.  Think about it.  We cannot have our cake and eat it, too.

Many organizations, agencies and movements have begun to depend on the second philosophy and Utah has aligned its school systems and other government agencies to it– without thinking too deeply about it.

Secretary of Education Arne Duncan hosts the White House “Datapalooza” event and  gives speeches about the wonders of data collection. He persuades unrelated governmental agencies to share personal data. His right-hand woman, Joanne Weiss, encourages inter-agency “data-mashing.”  And Duncan not only supports, but has been the main speaker at Data Quality Campaign’s summit.  This is key. I’ll tell you all about the DQC.

Data Quality Campaign” has  many  partners  including (no coincidence) all of the Common Core creators and testers!   “Achieve,” “National Governors’ Association,”  “Council of Chief State School Officers,” “American Institutes for Research,” “PESC” (a council that makes data standards common) and MANY more share the DQC’s “vision of an education system in which all stakeholders… are empowered with high-quality data from the early childhood, K–12, postsecondary, and workforce systems.”

From the DQC’s site:  “as states build and enhance K12 longitudinal data systems they continue building linkages to exchange and use information across early childhood, postsecondary and the workforce and with other critical agencies such as health, social services and criminal justice systems.”

Do you share that vision?

On November 12, 2009, at a Data Quality Campaign conference, (note: the keynote speaker was an NGA leader; NGA copyrighted Common Core)  they encouraged “the status of states’ ability to link data across agencies and provided several state case studies of promising strategies to sharing individual-level data across systems and agencies.”

And  Utah was “honored” by DQC for providing an example of linking criminal justice agencies, educational agencies, medical agencies, etc. using school-collected data and common data standards. Some data on a child that had been USOE-collected  (private student data) was accessed by Utah’s Department of Human Services, according to this DQC brief, because of Utah MOUs that permitted data exchanges.  Excerpt:
“Utah’s State Office of Education (USOE) has an extensive data warehouse, but initially, concerns about student privacy protection, especially related to the federal FERPA legislation, prohibited data sharing. However, Human Services worked with the USOE to develop two memoranda of understanding (MOUs) to permit data exchange and mitigate student privacy concerns. One MOU established that the state serves as the child’s parent when the child is in state custody. Although this MOU often is not employed, it did clarify the role of the state and its permission to attain and view student records housed in the USOE. The second MOU established that by connecting these two databases to evaluate the educational outcomes of children who aged out of foster care. Utah Human Services was conducting research on behalf of the USOE and, therefore, could be granted access to student-level data.  http://www.dataqualitycampaign.org/files/65_meetings-dqc_quarterly_issue_brief_091807.pdf

Why isn’t this stuff in the papers?

But DQC reminds us that “Every Governor and Chief State School Officer agreed to build longitudinal data systems that can follow individual students from early learning through secondary and postsecondary education and into the workforce as a condition for receiving State Fiscal Stabilization Funds. The American Recovery and Reinvestment Act (ARRA) not only provided states the venture and political capital to build on the growing momentum behind statewide longitudinal data systems, but also offered state agencies the chance to think creatively and break down traditional silos. For policymakers, educators, parents, and students to have the information they need to improve student and system performance, state K-12 longitudinal data systems must be able to exchange and use information across the early learning, postsecondary, and workforce sectors as well as health and social services systems.”

Data Baby

So, to ponder how this affects YOUR child:

DQC is partnered with American Institutes for Research (AIR) which is Utah’s Common Core test maker for the Computer Adaptive Math and English Common Core test, also known as the SAGE test.  (FYI, AIR is fully partnered with SBAC, the testing group Utah dropped in 2012.)

American Institutes for Research  will not only test Common Core standards teachings, but will also upload all Utah student test takers’ personally identifiable information, academic and nonacademic information into its database.

(Why the nonacademic information too?  Because Utah’s HB15 mandates that behavioral indicators will be tested and conveniently, AIR is a psychometrics specialist.)

Understandably, all over the country and in my own home state of Utah, legislators are scrambling to create student data protection bills.  But they face a problem that most maybe don’t want to see.

Every state has a federally-invented SLDS:  State Longitudinal Database System. In Utah, we have been recipients of millions of dollars (and have been entangled in the federal strings that have come with those dollars) because we agreed to the four education reform assurances that came with the State Fiscal Stabilization Fund money (ARRA Stimulus funding).  And we agreed to build our SLDS (State Longitudinal Database System) to federal specs.  So did all the other states.  It’s an illegal, de facto national database because of that interoperability factor and because we’ve agreed to it through PESC.

We built the SLDS monster. Now legislation is trying to put a muzzle and a leash on him.   Why keep him around at all?

The SLDS’s core function is “to fulfill federal reporting.”   This fact comes from the PESC State Core Model, which Utah agreed to when the Utah Data Alliance  agreed to the Postsecondary Electronic Standards Council (PESC) Model and the SIF (interoperability framework) in the SLDS grant application –which means all of our data will be interoperable and sharable across state lines. The PESC’s State Core Model deliberately aligns different states’ SLDS data systems so that they all match.

Not surprisingly, the PESC model was developed by the unelected, private trade group, CCSSO, as part of the Common Education Data Standards (CEDS) funded by the Gates Foundation. (CCSSO is the same private group that developed and copyrighted Common Core standards). The PESC “establishes comparability between sectors and between states” and brags that it “will do for State Longitudinal Data Systems what the Common Core is doing for Curriculum Frameworks and the two assessment consortia. The core purpose of an SLDS is to fulfill federal reporting…”

The agreement is stated on page 4 of section 1 (page 20 on the PDF) of Utah’s 2009 ARRA Data Grant: “The UDA will adhere to standards such as the School Interoperability Framework (SIF), the Postsecondary Electronic Standards Council (PESC)

Not good.

Nothing’s preventing agencies from sharing data.  In fact, the DQC praises those who, like Utah’s USOE, have created ways to share data with other agencies.

fish bigger

But there’s an even bigger fish to fry.

Although, years ago, there was a protective federal privacy law called FERPA, it’s been corrupted by the Department of Education.

Federal FERPA laws have been grossly loosened.  Every federal agency I can find, including the NCES and the Department of Education are encouraging us to pool data.

The U.S. Department of Education’s intentions are further, very clearly, revealed in the student-level data-sharing mandate in its cooperative testing agreements (and in the contrast between what Secretary Arne Duncan says and does.)

The bottom line is that we should not align any privacy law with federal FERPA and we should shut the SLDS monster’s big mouth by creating opt-out allowances for parents to protect their children from this big government stalker.

I have serious concerns about a bill that’s being written in Utah right now, SB0049, which aligns with federal FERPA’s definitions of “personally identifiable information” and “authorized representative.”

Reading this bill, I could hardly believe that Utah legislators care to protect us.

Surely legislators have read that the Department of Education has, without Congressional approval, altered federal FERPA to loosen privacy protections by having redefined terms. (This resulted in a big law suit with the Electronic Privacy Information Center.) The loosening of student privacy protections by the federal government took place during the same time as the Department of Education was creating national school assessment contracts that stated that the Department would access student-level data through the assessments “subject to applicable privacy law.” Thus they changed the law to suit their data-hungry point of view. The federal FERPA reduced parental consent over student data from a requirement to a “best practice”!

It changed the definition of “personally identifiable information” to include biometric information, which includes DNA, handwriting, iris scans, fingeprints, as well as behavioral information

Is this what we want for Utah?

Behavioral and belief-based information on a child is without question going to be collected by Utah’s math and English tests by psychometric embedding by test writer and psychometric specialist AIR -American Institutes for Reasearch. Utah gave AIR $39 million to do this terrible mistake when the Utah legislature mandated it, in HB15, the Computer Adaptive Testing bill.

To align state privacy laws with federal definitions is to guarantee a toothless and spineless pretense of protection.

This is not hyperbole.  Follow the money trail to see who has a vested interest in denying parents and students authority over their own private data.  We can’t afford to give our ear to those who are making the money from the exposure of student data to “researchers” —who are really just greedy vendors.

Microsoft owner Bill Gates, who has called schools a “uniform customer base” has paid hundreds of millions to align common data standards with common educational standards. He has partnered with Pearson (who is contracted to make Utah’s UTREX) which pushes the same thing. Gates/Pearson partnered with the Midvale, Utah-based School Improvement Network, which pushes the same thing.  They give lip service to student privacy, but none of these groups seems to want to see REAL protection for privacy.

Do you?

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