University can’t scan students’ rooms during remote tests, judge rules

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A judge in Ohio ruled that the Cleveland State University's virtual scanning of a student's room was unconstitutional. Digital privacy advocates around the country have spoken out against the practices of online test proctoring for many years.

A chemistry student took an online test. Prior to the beginning of the test, Ogletree was asked to show his bedroom through his webcams. Honorlock retained a recording of the room scans as well as the testing process that followed.

The Fourth Amendment protects US citizens against unreasonable searches and seizures. According to the university, room scans are standard industry wide practice, and that students often acquiesce in their use.

A federal judge ruled yesterday that the room scans at the university were unreasonable. The Fourth Amendment protects against governmental intrusion because society views it as reasonable, according to the decision.

A lot of universities around the world use e-proctoring programs that can require room scans. In some cases, students are required to show a live proctor their identification and surroundings; in others, they are recorded and monitored by an artificial intelligence system. Digital privacy organizations and government officials have objected to such programs. The Electronic Privacy Information Center filed complaints against Honorlock.

Fight for the Future said the ruling was a major victory.

Lia Holland, Fight for the Future's campaigns and communications director, said in a statement, "We applaud Cleveland State University student Aaron Ogletree for suing to halt the intrusive and inappropriate 'room scans' his university requires in order to complete a chemistry test." If other universities insist on forcing abusive software on their students, it will be a warning.

Cleveland State University did not reply to the request.