Stand Against Proctorio’s SLAPP – Update #25

Hello everyone,

I hope you are well and enjoying summer. I have a few updates, and will begin with an announcement:

Two organizations have applied for leave to intervene in my appeal. They are the British Columbia Civil Liberties Association (BCCLA) and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC). You can read about these organizations and the work they do at their respective websites.

This Thursday, September 1st, these applications will be heard in the BC Court of Appeal at 800 Smithe Street, Vancouver, BC. Check the Vancouver Chambers List the day before to learn the time and room of the hearing.

Also on this day, my counsel will appear to apply for a sealing order so we can file copies and transcripts of Proctorio’s videos into evidence. While we disagree with Proctorio about the confidentiality of these videos, we agreed to file them under seal so the judges can decide for themselves. Once the sealing order is in effect, all filings related to my appeal will no longer be accessible from Court Services Online. I will continue to publish my unsealed filings at https://defence.linkletter.org so you can keep informed.

Next, I would like to share an article about the lawsuit which was recently published in The Guardian. I spoke with journalist Zoë Corbyn about the devastating impact Proctorio’s SLAPP has had on my life. I was also saddened to read about how it has caused many others to curtail their own public participation. Link: https://www.theguardian.com/us-news/2022/aug/26/anti-cheating-technology-students-tests-proctorio

Lastly, I would like to share recent news out of Ohio, in which a federal judge ruled that it was unconstitutional for a public university to require students to perform “room scans” prior to taking an exam. Room Scan is one of the features Proctorio sued me about. It is clearer than ever that how Room Scan works is an issue of important societal concern. You may read about this landmark decision on the National Public Radio website, The New York Times website, the Electronic Frontier Foundation website, or many, many other sources. Please share this information with decision-makers at your institutions. Students are suspicionless and should not be subject to warrantless surveillance in order to access their education. It’s time to put a stop to this harmful practice.

Friday will mark two full years since Proctorio’s SLAPP began. Your help got me here, and together we’ll make it to the end. Thank you so much.

Sincerely,

Ian Linkletter