Proctoring Software Company Used DMCA To Take Down a Student's Critical Tweets
A series of tweets by one Miami University student that were critical of a proctoring software company have been hidden by Twitter after the company filed a copyright takedown notice. TechCrunch reports: Erik Johnson, a student who works as a security researcher on the side, posted a lengthy tweet thread in early September about Proctorio, an Arizona-based software company that several U.S. schools -- including his own -- use to monitor students who are taking their exams remotely. But six weeks later, Johnson received an email from Twitter saying three of those tweets had been removed from his account in response to a request by Proctorio filed under the Digital Millennium Copyright Act. Proctorio, based in Scottsdale, Arizona, says its proctoring software is privacy friendly. Students are required to install its Chrome extension before taking a test, which the company says students can remove once they're done. Unlike desktop software, most Chrome extensions can be easily downloaded and their source code viewed and examined. Johnson did this and tweeted his findings. Three of those tweets described under what circumstances Proctorio would "terminate" a student's exam if it detected signs of potential cheating -- such as if a student "switched networks" or if "abnormal clicking" and "eye movements" were detected. The tweets also included a link to snippets of code found in Proctorio's Chrome extension, which Johnson posted to code-sharing site Pastebin. Those three tweets are no longer accessible on Twitter after Proctorio filed its takedown notices. The code shared on Pastebin is also no longer accessible, nor is a copy of the page available from the Internet Archive's Wayback Machine, which said the web address had been "excluded." Proctorio emailed TechCrunch a statement through its crisis communications firm Edelman, claiming Johnson "violated Proctorio's exclusive rights by copying and posting extracts from Proctorio's software code on his Twitter account," and in response, Proctorio filed the DMCA takedown request "to ask that the content be removed and Twitter removed it." "Mr. Johnson's claim that he has the right to reproduce the code because he was able to download it is simply not true. Regardless of his ability to download the files, they remain protected under the Copyright Act. Also, had Mr. Johnson looked at the files he downloaded, he would have seen the multiple copyright notices in the header of each file that state expressly that the code is owned by Proctorio and that 'unauthorized reproduction, display, modification, or distribution of this software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the full extent permitted by law.' His reproduction of that code violated Proctorio's rights, which is why Proctorio asked Twitter to remove it," said Edelman's senior vice president Andy Lutzky, on behalf of Proctorio.
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