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MyNotes - Google Docs Does Not Violate CIPA (or COPPA*)

EdTech

Thanks to Dr. Mark Wagner for writing a blog entry about GoogleDocs not violating CIPA or COPPA. But if you’re not convinced already, I fear that you won’t be by his words.

  • Educational Technology and Life » Blog Archive » Google Docs Does Not Violate CIPA (or COPPA*)

    • Google Docs Does Not Violate CIPA (or COPPA*)

    • The most important thing is to understand this: not having control over documents doesn’t constitute a violation of CIPA. Not having control over an online document doesn’t make Google Docs a violation of CIPA any more than not having control over a pen and paper makes spiral bound notebooks a violation of CIPA.It’s actually more or less irrelevant to the law.

    • CIPA does require that school districts filter the internet to protect students from content that is “harmful to minors” (and the primary concern is porn). The key is that schools need to show due dilligence in blocking sites they know are “harmful.” There is no expectation that schools will block “anything that could possiblly or potentially be inappropriate.”

    • CIPA (and the related FCC regulations) do require that there is a process in place for adults to unblock legitimately educational sites… and one of the only reasons that CIPA has not been struck down in the courts is due to the ease of unblocking a site using filtering software.

    • COPPA forbids Google from collecting profile information for users under 14 years old. So younger students should not be using any Google tool, including Google Docs, that requires them to log in with a Google Account. This is because Google has no mechanism for collecting “verifiable parent consent” for student profile information. However, school districts excell at collecting “verifiable parent consent” – we call this permission slips. So, if you set up Google Apps: Education Edition, collect parent consent for students to use it, and control the student accounts yourselves, you’re in good shape with respect to COPPA.

    • For students 14 and over, you’re legally fine having them use Google Docs – and despite the fact that Google’s terms of service say users need to be of legal age to enter into a contract, which i 18 in California, Google does encourage the use of their products with students aged 14-18.)

    • With respect to archiving documents for public disclosure: Use of Google Docs for teaching and learning is no different than using spiral bound notebooks, photocopied assignments, or ordinary blackboards. In fact, I’d say the online documents are generally better archived than anything a district can ordinarily pull off in the classroom… particularly with the history of revisions. In any case, if districts are not concerned about “archiving” handwritten student essays on paper, I don’t see why Google Docs would be any different. We’re talking about instruction here, not district business. It’s important to remember the difference.

    • Mark Wagner, Ph.D

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