Proctorio Sued Over DMCA Takedown of Student Tweets

Lawsuit Filed Against Proctorio Over Alleged Harassment of Critics

A student is initiating legal action against Proctorio, a company specializing in exam proctoring software, with the aim of halting what is described as a “campaign of harassment” directed towards individuals voicing criticism of the company.

The lawsuit, submitted this week by the Electronic Frontier Foundation (EFF) on behalf of Erik Johnson, a student at Miami University who also conducts security research, alleges that Proctorio improperly utilized copyright regulations to remove critical tweets authored by Johnson.

DMCA Takedown Notices and Twitter

Specifically, Twitter temporarily concealed three of Johnson’s tweets following a copyright takedown notice filed by Proctorio under the Digital Millennium Copyright Act (DMCA).

The company asserted that these tweets infringed upon its copyright protections.

Increased Use of Proctoring Software and Concerns

The adoption of proctoring software by educational institutions has risen significantly during the pandemic to facilitate virtual exam supervision.

These systems typically require students to install software granting access to their microphones and webcams to detect potential academic dishonesty.

However, concerns have been raised regarding the software’s ability to accurately recognize individuals of color and the necessity of high-speed internet access, which is not universally available.

Failure to meet these requirements can result in exam failure for students.

Cheating and Privacy Issues

Despite the implementation of these measures, reports indicate that some students are still able to circumvent the proctoring systems and engage in cheating.

Consequently, several schools have either banned or discontinued the use of Proctorio and similar software due to privacy concerns.

Johnson’s Research and Proctorio’s Response

Proctorio’s software operates as a Chrome extension, allowing for easier access to and examination of its source code.

Johnson analyzed the code and shared his findings on Twitter, detailing conditions that could lead to test termination and the software’s monitoring of eye movements and mouse activity.

He also provided links to code snippets on Pastebin.

Proctorio initially claimed that Johnson violated its rights by sharing excerpts of its software code.

However, Twitter subsequently reinstated Johnson’s tweets, deeming Proctorio’s takedown notice “incomplete.”

EFF’s Position on Copyright and Criticism

“Software companies cannot misuse copyright law to silence their critics,” stated Cara Gagliano, a staff attorney at the EFF.

“Utilizing code to explain research or offer critical commentary is comparable to quoting from a book within a review.”

The Lawsuit’s Arguments

The complaint alleges that Proctorio’s “pattern of baseless DMCA notices” has created a chilling effect on Johnson’s research, fostering fear of further harassment.

The EFF is seeking a declaratory judgment confirming no copyright infringement, aiming to prevent future legal threats and takedown requests.

“Copyright holders must be accountable when they falsely accuse critics of infringement, particularly when the intent is to intimidate,” Gagliano added.

Broader Pattern of Response to Criticism

The EFF contends that this is part of a larger trend in Proctorio’s response to criticism.

Previously, a Proctorio employee allegedly posted a student’s private chat logs on Reddit without consent.

The same employee subsequently made their Twitter account private following the incident.

Proctorio is also currently pursuing legal action against Ian Linkletter, a learning technology specialist, over critical tweets regarding the software.