S.T.O.P. Warns Remote Bar Exam Software Is Flawed, Biased

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For Immediate Release

S.T.O.P. Warns Remote Bar Exam Software Is Flawed, Biased

[NEW YORK, NY, 9/4/2020] -- Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, released a letter to New York State officials, opposing the use of remote bar exam software that is likely flawed, error-prone, and biased. S.T.O.P. detailed how the testing software, which uses facial recognition, artificial intelligence proctoring, and other features, is invasive and deeply dangerous.

SEE: S.T.O.P. Letter Opposing Remote Bar Exam
https://www.stopspying.org/s/2020-9-3_NY-Diploma-Privilege-Letter_FINAL-PDF.pdf

Tampa Bay Times Hey, lawyer hopefuls: Florida Bar exam is rescheduled online for Oct. 13
https://www.tampabay.com/news/florida/2020/08/26/hey-lawyer-hopefuls-florida-bar-exam-is-rescheduled-online-for-oct-13/
 
“It is disturbing and deeply ironic that a cohort of lawyers will be tested on the protections against government searches at the same moment they are forced to use software that eviscerates those rights,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “A bar exam that forces our future colleagues to use invasive and unproven technology, endanger their finances, and potentially endure discrimination is antithetical to everything the law is meant to uphold. If we fail to rise to this moment, we will not only betray thousands of recent graduates in a time of unparalleled crisis—we will betray our duties as officers of the court”
 
The civil rights group noted that New York’s exam software captured photos, videos, and keystroke data from applicants. Additionally, New York’s bar exam software vendor, Examsoft, states in its privacy policy that this information can be shared with police. S.T.O.P. also called on state officials to permit “diploma privileges” for recent law school graduates. This practice would allow law school graduates to practice law temporarily, until in-person bar exams are safe.

N.Y. Times - Bar and Medical Exam Delays Keep Graduates in Limbo
https://www.nytimes.com/2020/09/04/us/bar-exam-coronavirus.html

The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
 
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Presscommunications staff