Cease All Usage of ProctorU at NJIT

This petition had 323 supporters

The Issue

This passage will contain direct quotes from ProctorU's Privacy Policy and Terms of Service as of 1/16/2021. Additionally, other relevant sources are included in the form of links.

Introduction

ProctorU is a highly invasive proctoring software that is NOT safe to use or promote. It blatantly invades student privacy and has access to many parts of a student's computer it shouldn't have access to, especially for the sole purpose of "exam proctoring."

Students have claimed to have had nothing but negative experiences with this software [Trustpilot Reviews​, NJIT Subreddit Testimonies] over the course of the past 2 semesters alone. From frustrating technical issues to a criminal theft attempt* [link to story of criminal theft attempt], it's clear that ProctorU is not suitable for further use at this educational institution or any educational institution, for that matter. They even had a MAJOR data leak in July of 2020 which will be detailed in a section further below.

*It is not proven as fact that the attack was caused by ProctorU or the proctor in the individual's story, but the proctor seems to be the most likely suspect in the story.

Additionally, we have Cisco Webex and Respondus' Lockdown Browser which does the job just as well without all the issues ProctorU brings to the table. Cisco Webex's and Respondus' Privacy Policies and Terms of Service are much more respectable and safer than ProctorU's.

Here is a link to Cisco Webex's Privacy Policy: Cisco Webex's Privacy Policy

Here is a link to Respondus' Privacy Policy: Respondus' Privacy Policy

For a tech institute that boasts being a "top 100" university, it's embarrassing that the school endorses the usage of such a pathetically invasive piece of software that has absolutely NO regard or respect for student privacy. We should switch to only using Cisco Webex, Canvas Conferences, and any alternative, NON-INVASIVE service for any and all online conferencing and proctoring this semester and in any coming semesters henceforth. Even Respondus' Lockdown Browser is much better than ProctorU. Further usage of ProctorU is completely unacceptable and a blatant attack on our privacy. We have a right to feel safe and secure while taking exams. I need not discuss the separate stresses that come with being spied on by a software that has an inappropriate amount of access to our computers.

To NJIT Administration: Cease ALL usage of ProctorU at NJIT effective immediately and substitute it with Cisco Webex + Lockdown Browser instead (both of which have far better Privacy Policies and Terms of Service). We, as a student body, demand to feel safe and secure while taking exams. We REFUSE to provide access to our private information and online activity to invasive third parties.

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DISCLAIMER: The following passages are direct quotes (italics) from ProctorU's Terms of Service and Privacy Policy respectively followed by a brief explanation from me (not italics), the author. These are simply my interpretations of the text and should be treated as such.

Contact Us: When you contact us through an online form, email, or through LiveChat, we will ask for identifying information such as your name, email address, educational institution, certifying entity, and ProctorU status (e.g., test taker, professor, or administrator). We may also ask you to provide us with information about the reason you are contacting us.  We request this information so that we can accurately respond to your inquiries and address any support needs. We also collect any information you provide within your communications with us.

- Accidentally disclosing any sensitive information to ProctorU in communications with them will give them permission to collect and use it.

Account Registration: When you create or reconfigure a ProctorU account, you will be required to provide us with your name, username, password, email address, educational institution or certifying entity, contact phone number, country of residence, and for registrants in the United States, your residential address.  You can also choose, but are not required, to provide us with additional phone numbers, your full residential address (non-U.S. users), and a profile picture using your device’s camera (instructor registration only). When you pay for an exam within your account, a third-party entity processes your payment, and records of your transactions with ProctorU are maintained within your account.

- On top of the usual details such as our name, username, password, and email address, we're expected to also hand over our phone numbers and address of residence? This was supposed to be just about proctoring, right? Also, why is anyone expected to "pay for an exam"?

Before taking an exam, you must download our browser extension, using your username and password. Before your exam you must provide us with access to your device’s camera and microphone and share your screen with our proctors through a LogMeIn File. We require you to share your photo ID on camera and we use that ID in conjunction with biometric facial recognition software to authenticate your identity. We also require you to perform a biometric keystroke measurement for some exams. During your exam, we continue to monitor your screen, camera, and microphone in order to meet the requirements of your institution’s testing parameters, communicate with you, and monitor your exam.

- Access to camera and microphone is understandable for a proctoring service. However, we have to share our photo ID and ProctorU plans on using it with "biometric facial recognition software" to authenticate our identity? They also keep track of our keystrokes? This is unacceptable and shows disregard for our privacy. We should not be showing our IDs online in such a manner, nor should we be expected to subject ourselves to facial recognition software of any sort.

Website Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, internet service provider (ISP), operating system, date/time stamp, clickstream data, and browser plug-ins. We use this information to analyze trends, to administer our websites, to track users’ movements around the site and to gather demographic information about our user base as a whole.

Cookies: We use cookies or similar technologies to retain user settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Our website does not respond to “Do Not Track” signals. If you reject cookies, you may still use our websites, but your ability to use some features or areas of our websites may be limited.

Testing: During testing, we automatically track your keystroke pattern to ensure it matches the biometric profile created before the start of your exam. We also obtain IP address information to help troubleshoot issues and verify your testing location.

- To summarize this section: They're collecting much more data than needed. Also, again with the "keystroke patterns." We're taking simple college exams. Not entrance exams for the CIA. Relax.

We use commercially reasonable technical, organizational, and administrative measures to protect our Services against unauthorized or unlawful access or processing and against accidental loss, theft, disclosure, copying, modification, destruction, or damage. Nonetheless, we cannot guarantee that transmissions of your information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our service providers. You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your account with anyone. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below.

- No security measure is ever 100% foolproof, of course, but this is evidence of ProctorU admitting that our information transmissions aren't guaranteed to be secure. Of course, ProctorU is legally required to include the highlighted statement in their Privacy Policy, but for the sake of argument, let's bring attention to it anyway.

Additionally, I would like to point out that ProctorU had a major data leak on July 27th, 2020.

Here are two tweets from ProctorU's official Twitter page explaining the mishap: First tweet​, second follow-up tweet.

In case the tweets get deleted or removed from ProctorU's Twitter, here's an image to their tweets: Direct link to tweets.

Here's a link to an article that explains further details about this data leak.

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You are responsible for your use of the Services and for any consequences thereof. The Services are being provided to you by ProctorU for the benefit of your college, university, instructor, school, organization, certification administrator, or other test delivery partner (hereafter, the “Testing Institution”). The Content you submit, post, or display, including all audio and video recordings or images, including any recordings or images of you made by the Services during your test session(s), will be shareable with and viewed by your Testing Institution. You may use the Services only in compliance with these Terms and any applicable local, state, national, and international laws, rules, and regulations. The form and nature of the Services that ProctorU provides may change from time to time without prior notice to you. Additionally, ProctorU may stop (permanently or temporarily) providing the Services (or any features within the Services) to you without prior notice. As a user of the Services, you are prohibited from photographing, or recording, by video or sound, any part of ProctorU’s Services for any purpose, unless ProctorU has granted you express written permission to do so. You may not remove copies of test questions or test answers, and you may not share or discuss with anyone any of the test questions, test content, or test answers you viewed during your test.

- ProctorU can record anything we do. Again, while this is expected for a proctoring software, it feels invasive nonetheless. Additionally, we as users of their services are prohibited from photographing or recording any part of their service for any reason unless we gain written permission from them. Basically, you can't record anything with your phone if something were to go wrong during the testing phase, for example.

When you use the Services, ProctorU will remotely connect to your computer in order to monitor your computer screen and premises and to ensure no prohibited applications or settings are activated during your examination or test session. As a part of using the Services, you agree to scan your premises using your webcam if or when a proctor request that you do so. The proctor will provide you with reasonable instructions on how to accurately scan your room. You agree to maintain audio and video contact with the proctor during the test session, to enable the Services to record your test session, and to disconnect audio and video contact from the test session once it ends. You authorize us to make all recordings of and any Content from your examination or test session available to your Testing Institution.

- The points detailed in this section can be much more effectively achieved with Lockdown Browser as it's an automated process that does everything listed here including closing prohibited applications in the background. Additionally, when we are in the Lockdown Browser screen, we're only able to access the exam and can only exit once we [prematurely or fully] finish the assessment.

When you create your account, you are agreeing to: (i) provide true, accurate, current, and complete information about yourself and (ii) maintain and promptly update your registration information to keep it true, accurate, current, and complete. ProctorU, in its sole discretion, has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) if:

  • You provide any information that is untrue, inaccurate, not current, or incomplete; or
  • ProctorU has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; or
  • You provide erroneous information.

- We are expected to provide only accurate information when registering for an account. Remember from the Privacy Policy section above that this includes information such as our phone number and address of residence. Why would we give such details to a service for the sole purpose of online proctoring?

You represent and warrant that the information you provide when downloading, registering for, accessing, or otherwise using our Services and all information that you subsequently provide regarding yourself is true and accurate and not misleading.

When you use our Services, any information that you submit will be transmitted via the internet and such transmission is beyond our control. ProctorU does not assume any responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. ProctorU does not assume any liability for loss or damage to your computer systems, devices, or networks as a result of your use of the services. ProctorU will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, devices, or data due to your use of the Services.

- Again, we're expected to only give accurate information about ourselves when using the services. Also, ProctorU is saying they will not be held accountable for any damage caused to our technology as a result of our use of their services.

No advice or information, whether oral or written, obtained from ProctorU or through the Services, will create any warranty that has not been expressly and explicitly made herein. YOUR SOLE REMEDY AGAINST PROCTORU FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

- Great! Since all students are dissatisfied with the services [according to the many testimonies at the top], let's stop using them!

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Conclusion

It's time to finally stop using ProctorU at NJIT. Not only should we be encouraging the usage of software that's more in line with good privacy practices, but we should be encouraging pro-privacy practices everywhere. Using Cisco Webex and Lockdown Browser in place of ProctorU is a step in the right direction that NJIT should take.

Want to prove that we are one of the best tech institutes? Let's start with good tech practices.

The Decision Makers

NJIT Administration
NJIT Administration

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