Comparing Respondus Lockdown and Discord TOS

          My next question is for the students. Have you used Respondus LockDown Browser? If so, have you read their TOS? Probably not, even though technically the program requires you to read them before taking an exam. You should read them though. They are problematic to say the least, which I'll go into further below.

What is Respondus LockDown Browser?

          For those of you unfamiliar with Respondus LockDown Browser, which I'll just call Respondus, it is an anti-cheating program used by schools and universities across the country to prevent cheating on quizzes and exams. The prevalence of this program has only increased as more of the educational experience moves online and becomes technologically reliant, or entirely virtual. This program must be downloaded to the student's computer, and when in use it restricts the student's access to all programs outside of Respondus through their computer. There is also an immensely popular feature which allows for a "fully-automated proctoring" experience, which utilizes the student's own webcam and microphone to monitor them during their exam. An algorithmic monitoring system and in some cases a live person flag students' movements which are deemed problematic, and which the professor or teacher can review later and determine if cheating occurred. Regardless of the issues this sort of program poses for economically challenged or under-privileged students, that teachers can force students to make video of themselves accessible to this program with no regard for their need for privacy is stunning.

          That isn't to say that the blame for this egregious violation falls entirely on the individual teacher. Regional school systems and universities make contracts with Respondus to make the program available for their teachers. In some places, entire schools or school systems require the use of Respondus for online exams, taking the choice away from both teacher and student. However, the choice to utilize the program in a class usually falls exclusively to each individual teacher. The fact the choice to use the program falls to a school system or individual teacher is what sets the stage for the design of the Respondus TOS.

What is Discord?

          Discord is a social media platform designed first and foremost for gamers and gaming communities. However, since their beginning in 2015, the platform supports a vast variety of communities, many of which extend outside the gaming community. With 150 million monthly active users and growing, it's a commercial company that aims to appeal to a younger, technologically savvy generation of users that spans the globe. While some educational groups do utilize the platform, it is primarily social and commercial in nature. When I say commercial, I mean that it advertises itself to the individual consumer rather than large companies. The platform utilizes servers, which users create and can customize to meet the needs of their groups. Any user can be part of multiple servers, each customized for a specific purpose. In servers, users can use text channels or voice channels to communicate with one another either through text chat, much like a message board, or with their voice like one would on a group phone call. Discord also has available video sharing features and screen sharing features like a virtual meeting room like Zoom or Skype. All in all, the platform is incredibly versatile and advertises to a vast and expanding user base.

          The Discord Terms of Service reflects this model. It utilizes user friendly (albeit somewhat manipulative) language to make the terms more accessible for its massive user base. Like many websites and platforms, when making an account with Discord to use their services you must agree to their TOS. While many people don't read these TOS, there are certainly some that do. And even those who don't read the whole document may read some of it to try and get a feel for if they're being exploited by the company. Therefore, by making the document more accessible and using friendly, personal pronouns like "We" and "You" Discord is actually able to use their TOS as an additional marketing scheme, advertising themselves as friendly, non-exploitative, and ethical.

So, What's the Problem?

          The biggest issue lies in the business model of Respondus itself. They are a company whose primary audience and user base is made up of large universities and school systems. At no point does an individual student or teacher become a customer of Respondus. As such, the needs and desires of these essential groups have little to no impact on the company and how it runs; the only thing that matters are the desires of the university. This means that all of the numerous TOS and privacy policies the Respondus company provides are designed to be read exclusively by the university and its legal team. Yes, there is a "Student Terms of Use" available from the company, but that doesn't mean anything.

          While, in theory, a student can opt out of the use of Respondus, it's very likely that the associated professor or university will not be willing to accommodate that student's desire to opt out of the program. This is even addressed in the Student TOS, "your Institution makes no representations regarding how it will affect your relevant course or any ramifications from opt-out (e.g., you may not be able to complete the requirements of such course)." If you are unable to complete the requirements of a course due to discomfort with the use of Respondus, you're out of luck. And you would have every right to be discomforted by using Respondus. While the program makes their own promises about how they treat information, once your video, audio, eye-tracking, face-analysis, timing data is accessible by your university or school system, they relinquish their control of that data to the school. Additionally, the Respondus TOS also protects the university from litigation even though they accept minimal control of your data once it's released to the school after processing, including allowing the school to move that data, although to where they don't specify, which leaves the implication that the university can download that data anywhere they may please. AND! On top of that, the TOS also relieves the university of any responsibility for harm caused by downloading your data from Respondus, or from deleting or mis-delivering your data.

          To put it succinctly, if a university or school system decides to contract with Respondus and purchase their services, that university gains exclusive rights to a student's webcam, computer microphone, face, voice, eye and body movements, and more when a student takes an exam. The student has virtually no rights or control over that and must give up their rights numerous times when enduring the process of using Respondus. Many schools ask students to sign a handwritten waiver for use of Respondus, and after that the student must agree to the Resondus TOS every time they utilize the service, affirming they have given up their rights to their data and their computer's hardware. It's disgusting. 

          The design of the TOS is also problematic. This is where Discord

comes into play. Despite the fact students are required to agree to the

TOS every time they use Respondus, the document is far from user

friendly. The text is thin, and the contrast is poor. The language is very

technical. Despite stating that these TOS are designed for the student,

they aren't accessible to the student. Many times, this means students

don't know or understand what they're agreeing to, and if they do it

doesn't change the fact they have almost no choice in the matter. A

contract cannot be entered into under duress. Therefore, can the TOS

for this service be considered ethical or moral? 

          While Discord does use language that is meant to make the reader think of them as a friend rather than a company seeking legal protection in the case of litigation (or to prevent litigation entirely), they work to make their TOS much more accessible to their audience, because they know their audience has the right to say no, which ultimately damages their profits. As such they make the document very accessible and as clear as possible for the layman reader, such as when they clarify that although they claim certain rights over the content you post on their platform, "You don’t have any obligation to add content to the services." And they also clarify what information you post counts as content in their views. It's absolutely possible to make a TOS accessible. The fact that Respondus does not is indicative of two huge problems. First, that students don't really need to read them because ultimately they have minimal control over their right to agree to the terms, therefore they don't need to be accessible to the student. Second, that if Respondus makes their TOS inaccessible to the students using it, they never understand what they're agreeing to and can never boycott the program, ensuring that Respondus continues to profit off the stolen rights of millions of students across the nation.

          Where Discord makes their TOS accessible so they can maintain their user base, Respondus makes theirs inaccessible for the same reason, at the expense of students everywhere.