University Can't Scan Students' Rooms During Remote Tests, Judge Rules

An Ohio judge has ruled that a Cleveland State University's virtual scan of a student's room prior to an online test was unconstitutional. The ruling marks a victory for digital privacy advocates around the country, who have spoken loudly against the practices of online test proctoring for many years. From a report: Chemistry student Aaron Ogletree sat for an online test in the spring 2021 semester. Ogletree was asked to show the virtual proctor his bedroom through his webcam prior to the beginning of the test. A recording of the room scan as well as the testing process that followed was retained by Honorlock, the university's third-party vendor. Ogletree sued the university on the grounds that the practice violated his rights under the Fourth Amendment, which protects US citizens against "unreasonable searches and seizures." The university, in defense, argues that "room scans are 'standard industry wide practice,'" and that "students frequently acquiesce in their use." Federal Judge J. Philip Calabrese sided with Ogletree yesterday, determining that the university's room scan did constitute an unreasonable search. "Mr. Ogletree's subjective expectation of privacy at issue is one that society views as reasonable and that lies at the core of the Fourth Amendment's protections against governmental intrusion," Calabrese wrote in the decision.

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