Episode 203 - Beeper Bans, Google MFA Changes, and District Liability - podcast episode cover

Episode 203 - Beeper Bans, Google MFA Changes, and District Liability

Feb 28, 202544 minEp. 203
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Episode description

Tune in to hear insights on how some states are ramping up cell phone bans in schools and the implications this has for students and staff alike, including the extension to smartwatches, beepers, and pagers!

The guys also delve into a pivotal Supreme Court case regarding the E-rate program, unpacking the ramifications of the recent ruling that classifies E-rate as federal dollars. Consider how this may influence the next critical case questioning the constitutionality of E-rate itself.

The episode also covers pressing cybersecurity issues, such as Google's upcoming changes to MFA, and explores the liability surrounding personal data stored on school-issued devices—a must-listen for understanding what districts need to consider to protect both themselves and their staff.

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Classlink

SaferWatch

Managed Methods

VIZOR

Fortinet

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00:00:00-Intro

00:04:45-E-Rate Win in the Supreme Court

00:08:20-Impacts of DOGE on CISA

00:14:23-Beeper Bans!

00:20:30-Google’s MFA Changes

00:25:45-Data Breach Liability Discussion

00:41:20-Upcoming Events in K-12 Tech

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Music by Colt Ball

Disclaimer: The views and work done by Josh, Chris, and Mark are solely their own and do not reflect the opinions or positions of sponsors or any respective employers or organizations associated with the guys. K12 Tech Talk itself does not endorse or validate the ideas, views, or statements expressed by Josh, Chris, and Mark's individual views and opinions are not representative of K12 Tech Talk. Furthermore, any references or mention of products, services, organizations, or individuals on K12 Tech Talk should not be considered as endorsements related to any employer or organization associated with the guys.

 

Transcript

Intro / Opening

Josh

For the purpose of this section, electronic personal communication device includes, but is not limited to the following.

Intro

Chris

Oh.

Josh

Cell phones. Paging devices. Beepers.

Chris

I haven't heard that. I haven't heard that word in a long time.

Mark

On tonight's episode of the K-12 Tech Talk podcast, we talk about how some states are taking cell phone bans to the next level. Give an update on another E-Ray case in the Supreme Court. and discuss liability when district technology is used for anything but district business. Thanks for listening.

Josh

Live from the NTP studios, this is the K-12 Tech Talk podcast, episode 203. I am Josh. With me tonight is Chris.

Chris

Good evening.

Josh

And Mark. Hello. How are you guys doing? Mark, you had some traveling. You finally back home?

Mark

Yeah. I've been on the road a lot in the last couple weeks.

Chris

On the road again.

Josh

Traveling, man.

Mark

I've been traveling again next week for Chris.

Chris

Hello. Midwest Tech Talk Security Symposium. Mark's going to be in the house.

Mark

Very excited.

Chris

Talking about data.

Josh

Data.

Chris

And it's governance. That's right.

Mark

It's the fun stuff.

Josh

Hot topic. Hot takes and hot topics.

Mark

It'll be fun. I'm excited to get back out to the central part of the country.

Chris

And you have not been to Columbia,

Mark

Missouri I have not been to Columbia, Missouri Have I driven through there? No, I have not been there No.

Josh

Because you probably cut down at Kingdom City Okay,

Chris

So no You're staying at Stony Creek It's going to have like deer on the wall Oh Right, is it deer? Are there elk?

Josh

It's probably deer

Mark

So I went from LA last week With like Hollywood stars and Beverly Hills Which by the way If the star tours Those like vans that drive around Beverly Hills and show you where the celebrities are. If that's on your bucket list, take it off. Worst use of my time ever. Anyways, I got off halfway through. It was so bad. Then I did the big city.

Chris

Really?

Mark

Oh, yeah. Oh, I jumped off. Then I did New York City this week, and then I'm going to the heartland Missouri next week.

Josh

Like a politician. You could run for national office, Mark, with all this traveling.

Mark

Nah, I'm passing on national office right now.

Chris

It's Jurassic Park themed. at the Midwest Tech Talk Security Symposium. I'm pretty excited about it. I may or may not have purchased the giant blow-up dinosaur that you can wear.

Josh

Oh, I don't doubt that at all. How old were you when Jurassic Park came out?

Chris

That's a great question. Was that elementary school? Probably.

Josh

Probably, because I was middle school-ish.

Mark

Probably.

Chris

93. Yeah, I would have been like... That's like fourth grade.

Mark

I was a...

Josh

Rashman? um i met a listener today uh he wanted he wanted to know between episode 100 and 200 were we more excited and impressed with tanya as a guest or jack as a guest jack

Mark

Reciter yeah well at the time i didn't know who jack reciter was so that's an easy answer for me.

Josh

Huh josh

Mark

How about you.

Josh

Jack i i was i was more i don't know not starstruck not impressed but just i i that was a more interesting conversation i think when

Chris

He's a i mean we didn't even see his face like he had like the anonymous

Josh

Yeah he had Yeah,

Chris

I would agree with that, too. Jack was pretty cool.

Josh

Yeah, that was neat.

Chris

Tanya was great.

Josh

Yes, she was. And I still hope to meet her at the lake sometime.

Chris

I feel like that's like, that's going to be accomplished.

Mark

I've had a couple of people be like, so why did you have the gym lady on?

Josh

Did you say, did you watch the show?

Mark

No no that was why people were confused oh okay why i thought it was about k-12 technology i was like i know i know if you listen to some of the episodes we talked about it it's a thing she's needs money i don't know yeah.

Josh

All right well speaking of things why don't we uh jump into the news but first chris can hit a sponsor yeah

Chris

Check out class link at classlink.com they can help you with your SSO, with your rostering, and more, check out ClassLink.

Mark

We have some E-rate news.

E-Rate Win in the Supreme Court

Josh

Yeah.

Mark

It's not the E-rate news that we talked about last week.

Josh

After the downer closer of an episode last week, we have some good news here.

Mark

Listen, you got to be prepared. So if you remember, we've talked about the E-rate cases over the last few months. There's multiple E-rate cases in the Supreme Court's hands right now. And this one is the Wisconsin Bell case. And if you remember correctly, the Wisconsin bail case is about the whistleblower false claims act. Long story short, there's a thing called the false claims act where if somebody is defrauding the government, then any private citizen can take a lawsuit against that company.

And there are some folks who said, hey, E-rate are federal funds. If a telecom company defrauds E-rate, then I, as a private citizen, can sue or take them to court over that. There's a lot of back and forth. And so the Wisconsin Claims Act or the Wisconsin Bell case in Supreme Court was ruled last Friday, and it does classify E-rate as federal dollars. And so now if a telecom company were to defraud a school district or library.

Any private company or any private citizen can now take that company to court under the False Claims Act. So, good news for the protection and sanctity of the E-rate, but it gets you kind of thinking, well, this is the Supreme Court really teasing up that E-rate is federal dollars. And that could be a little contradictory to the next case, which is, is the E-rate unconstitutional?

And so we are going to see exactly if these two cases are related or if there was any hints of how this one leads into the next one in the next few months.

Josh

Yeah, I this one I wasn't on my radar as much as the USF being unconstitutional, but I still was kind of surprised. And not only was it a favorable decision, it was a unanimous decision. So I think that bodes rather well as well. That was, I think, pretty surprising.

Chris

I feel I feel good like they took I don't how how's the order at which they take the e-rate cases how's that play out I

Josh

Don't know I don't know how they pick which one they take first

Chris

Like I feel good that this it makes you feel good like oh they this is paving the way and now they've invested I I guess I like that they invested so I can want to assume that the justices didn't know all about the the e-rate program going into this maybe maybe they've handled a bunch of e-rate cases i have no idea yeah uh so they've learned more about e-rate and how it works and what it is through this case yeah to set the stage of knowledge and

wisdom and better discernment for the bigger case that matters to us the most but

Josh

Again i don't i don't think it's as much about e-rate itself as the case law on the funds of that fund e-rate it's regardless of if e-rate does good things They don't care. That's not the point of this. The point is, is the funding one federal dollars like this case, or is it tax? So yeah, it'll be interesting to see it all play out. What else you got, Mark?

Impacts of DOGE on CISA

Mark

Well, speaking of the protection of cybersecurity and funds and everything, the next kind of topic, and this is not necessarily a single issue or article, but more just kind of general what's going on in the news right now. We've got Doge that has been moving around different federal agencies. And it appears they have...

Chris

Is that the cryptocurrency?

Josh

Yes.

Mark

That and the Department of Government Efficiency. And the reason why I'm afraid to drive around in a Tesla right now. But anyways.

Chris

You have a Tesla?

Josh

No. His wife does.

Mark

Yeah. That's my neighbor's car. There's a lot of focus right now on where Doge is and where they're going. And it appears that they're starting to hit.

Josh

And who the administrator is.

Mark

And who the administrator is. And it appears that they're hitting up SZA right now. And so there's a lot of hubbub around what's going to be the future of SZA. And we've talked a lot about the resources that CISA has provided to K-12 and how important they are to our work. There's some good news if you look at how the Trump administration kind of played up CISA.

They've signaled during the campaign that they would like to see CISA focus more on critical infrastructure and protection of infrastructure, which is exactly what K-12 is looking for. And so you may see some changes coming to CISA around disinformation or election interference, because that's obviously a big part of CISA's work. So we're hoping that some of the cuts don't hit the K-12 side.

But if they do, we'd really like to make sure that the work that CISA has done for the K-12 world is protected as much as possible. So we'll see how that plays out in the next few weeks.

Josh

I think K-12 will continue to be part of the critical infrastructure, and the focus is protecting critical infrastructure, although the move a couple weeks ago to remove EII-SAC or the election infrastructure protection funding – rather odd. So it'll be interesting to see going forward how that alignment of priorities shakes out with SLTTs and which ones are going to give priority over others, or if it'll just be the whole group as a whole.

And then I saw today that they named a new executive assistant director. Is that right?

Mark

Yeah. Her name is Karen Evans. She actually comes from the Department of Energy. So I actually think that's a positive thing, right? She's coming from the Department of Energy. If you're not familiar with the work that CISA has done around protecting the energy industry, I think Karen Evans is going to be the one to say, hey, hold on a second. We've got to make sure that CISA is looking out for the critical infrastructure.

It goes back to that original kind of campaign promise of critical infrastructure.

Josh

And she was CISO at the Department of Energy, right?

Mark

Yes. she was also the CIO for Homeland Security so she's I mean she knows how important this stuff is so I'm hopeful that we'll see the important stuff protected and.

Josh

It's not her first time in a federal agency rodeo either it's not

Mark

Never.

Chris

Mind Josh you did a post on KTOL Tech Pro and it was actually about Department of Ed and the AI guidance being taken down but I think it speaks into this about the guidance that we're used to getting from CISA that might be changing or that we used to, we're used to getting it in the Department of Ed, if that's changing.

I mean, you posted about that. Some guidance got taken down and it, it went back to the many years ago or what's still always been is relying on others that are in the trenches along with you to help each other.

Josh

That, that post I found over on LinkedIn summed it up really well. I thought that, you know, really the Department of Ed didn't set curriculum, didn't set stuff like that to the local districts. They curated studies and they curated reports. And it's one of the reasons why that was good is because, you know, K-12 tech leaders, our heads are down. We're in the trenches. We're constantly busy.

We don't have time to survey the folks around us, the folks in the state, the folks in a regional state area. It was the Department of Education's responsibility to kind of do that for us. And we could say, OK, this is best practice or this is the study that they published. These are the statistics behind it. We can we can take actionable information from that. And we don't have to waste our time doing that study ourselves.

And that was like the great example of that is that AI guidance document that the Department of Edda had out that it's been wiped off the face of their website. Right. It's unfortunate, and I think what you're going to see is you're going to see schools or districts need to rely on other entities now, be that pro, be that K-12-6, whoever. There are going to have to be other entities that pick up that slack for issuing guidance, best practices, that kind of thing.

Chris

Yeah i think both of these is that and i i don't know that we even have to say this but if you're first time listening we don't get into the heavy political trenches of opinion or whatever we try to stay in the middle yeah so this is just i think factually if government moves to go smaller we're gonna have to figure out as a sk12 how to sustain ourselves and have access to good resources So an article like this or these news events happening, we need to figure out

and think through, what if E-rate goes away? What if CISA and MSI SEC funding changes or whatever? What if DOE guidance that we used to pull down all the time isn't there anymore? Those are important things to think about.

Mark

Yeah, yeah.

Beeper Bans!

All right, next up on the docket, February 18th, last Tuesday, the LAUSD, the Los Angeles Unified School District, their cell phone ban finally went into effect.

Josh

Is that why you were in LA?

Mark

I was. I was expecting to make sure that there were no cell phones in use. No, so I wanted to add, we've talked about this before, but I wanted to go a little step further. The ban, they did leave it to local control. So they didn't say, here's how it's going to be put into effect. But they basically just say, as a district policy, you can't have a cell phone during school hours. Before or after is fine, but not during. But they left it up to schools as to how they're going to implement.

Either they use something like Yonder or just tell students, put it in your backpack. But something I thought was interesting, and I haven't heard this in other places, the ban also included smartwatches and earbuds.

Chris

Yes.

Mark

Which makes sense. Yeah, for sure. But it's not something you hear about as very often.

Josh

The Missouri one, if you're in Missouri, Senate Bill 68, I was reading through that today. It even references pagers.

Mark

I mean, we can make a Missouri joke here, right?

Josh

Yeah. It goes as far to ban them not only during the instruction, you know, start a day to end a day, but on field trips as well. Can you imagine trying to police that on a field trip?

Chris

Oh, my gosh.

Josh

Yeah.

Mark

Poor students in Missouri, you're not going to be able to use your pagers anymore, and you've got to focus on that alpha smart that's sitting right in front of you.

Josh

And poor teachers. You know, it comes down to enforcement, and all you're doing, it's not the state legislator that's going to be at the school saying, put your damn cell phone away. It's going to be the teachers in that fight.

Chris

The trip to Six Flags, and everybody has to pack their Chromebook with them for communication's sake. everyone stay in groups of three one of you must have your chromebook we're

Josh

Gonna be buying chromebooks with sell cards in them now

Mark

Well following their in their coattails or foot what i don't know what to go let me see if.

Josh

I can find

Mark

It uh illinois uh illinois their covenant did you.

Josh

Almost say almost

Mark

You guys are making fun of me because, back story here, the three of us were on a webinar for the state of Illinois. And I said, Illinois.

Josh

Yeah.

Mark

And the two of you stopped me to make fun of me.

Josh

Yeah. Oh, yeah. I mean, yeah, you have to.

Mark

Illinois, New York, Missouri are all following. It looks like they're going to be doing statewide bans. So, yeah, that's where we are on that one.

Josh

I'm trying to find the text of this real quick to read it to you guys it

Chris

Was somehow i fumbled upon you know in in in august of 23 that's when mousseries law about oh not driving and you know text and all that yeah yeah uh i just had someone this week say that they've never seen me like look up at them like after repeated times of waving at me while i'm driving well

Josh

Your car is driving

Chris

Yeah, I just, and I'm always, and I don't really text. I like, I mean, I remote into computers and. Oh, okay. I'm like doing real stuff.

Josh

Okay. Go ahead.

Mark

If you get pulled over and they're like, were you texting while driving? You can say, no, I was remoted into a server from my phone while driving. There's nothing on the law that says I can't do that.

Josh

That's a better story. For the purpose of this section, electronic personal communication device includes, but is not limited to the following.

Chris

Oh.

Josh

Cell phones. Paging devices. This next one. You're going to love this next one. Beepers.

Chris

I haven't heard that. I haven't heard that word in a long time.

Josh

Mobile telephones that offer advanced computing and internet accessibility.

Chris

Okay. Playing for the future.

Josh

Digital media players, which I'm assuming is a portable DVD player.

Mark

Does that mean I can't use my Microsoft Zune?

Chris

Yes. Oh.

Josh

I had one of those too, Mark. Portable game consoles. So don't bring your Steam Deck.

Mark

Okay.

Josh

See, this is where they're shooting themselves in the foot. Tablets, notebooks, or laptop computers. Really?

Chris

Six-flex trip. Like, what are we even doing?

Josh

How are you doing this? How are you banning this during the instructional hours if you're banning tablets, notebooks, and laptop computers? Digital cameras, digital video or audio recorders.

Chris

Hold on. Yes, you said that quick, and I was just thinking about field trips.

Josh

No, this is, yeah. smart watches and devices that can connect and transmit data through Bluetooth technology yep and I should have read up

Chris

Going back to my six flags scenario that's like doing the whole thing like hey guys meet here at the flagpole at 3pm yeah and you're just banking on all the kids to show up

Josh

Let's see such policy Yeah.

Mark

Listen, not to be outdone and allow Missouri to get all the credit for innovative laws banning beepers. Beepers. Maine is one of multiple states, but Maine is a representative who's introduced a law to require cursive to be taught in schools. Yeah.

Josh

I mean.

Chris

Let's bring that back.

Josh

Let's bring cursive back.

Chris

93, Jurassic Park, cursive.

Josh

Yep.

Chris

And beepers. Meet at the flagpole at 330.

Josh

I think I had a beeper in 93, actually.

Chris

Let's go back.

Josh

Yeah.

Google’s MFA Changes

Mark

All right. And now, okay, we'll go. This is very timely because the last article on our news docket is that Google is making a pretty significant change to their MFA.

Chris

Oh, yeah. This is like, we just went back. Now we're hitting the pedal to the floor.

Mark

Yeah, yeah, yeah. So now you don't have your beeper. you don't have your cell phone um.

Josh

Get my code to my beeper

Mark

Google will be uh moving to get rid of sms as a multi-factor two-factor authentication method right so they're gonna be getting rid of that if you have watched the news at all in the last six months you know that our telecom systems are completely shot and rippled with with issues so i'm not surprised uh that that we have our first kind of major provider saying we got to get off of sms mfa yeah great yeah um but yeah for those of us who

have all rolled out mfa and and primarily using sms as the protocol it's time to start all over again it's.

Chris

I'm really excited about it with my cooks and custodians

Josh

Yes there's not a bus drivers easy easy your bus drivers were easy complete ultimate sarcasm oh okay i'm gonna say There's not a week that goes by we don't have an employee from either transportation, food service, or maintenance in our office. Like, I can't get logged in. Okay. And we have employees in those departments that don't have smartphones. Like, they don't want a smartphone. They've got a flip phone, cricket, whatever, because some of them are older.

Chris

Yeah.

Josh

I don't know.

Mark

See, I thought this was, when I first read the article, I was like, okay, this is actually pretty smart. Google is introducing a QR code based system that users will scan. So I was thinking, oh, it's like a clever badge and the custodians could just wear the QR code around their.

Josh

No, it's the other way.

Mark

No, it's the other way. The QR code's on the screen and you got to use your cell phone to scan the badge.

Josh

Which I assume then that it has to be from a phone that you have that your Google account is defined on. Does that make sense? Okay.

Mark

So you're going to have to have your...

Chris

I'm going to start in my head.

Mark

You currently don't have to use the push notifications. It doesn't have to be Gmail. So you don't have to put Gmail on your phone. You could be signed into Google. But yes, you're going to have to have your Google account on the phone.

Josh

Put the Gmail app on your phone. Or just get the DM Authenticator app and be done with it.

Chris

Users will see a QR code on the screen. They'll take a picture. or they'll show it yeah yeah and the phone will send the sms to

Josh

Google and this is gonna blow the mind of all the people on the internet that are like don't scan qr codes yeah you know like that's

Chris

A whole new phishing thing we're in like yeah send in the pages of

Josh

The qr codes send me send me a fake qr code to make me scan it and then put in my password and yep yep

Chris

Or it or we can start giving out. It says Google recommends pass keys.

Josh

Well, you don't give out a pass key. That's an electronic thing.

Chris

What's my course of action for my bus drivers?

Josh

Do they have smartphones or they got beepers? That's the problem. They're making the assumption that everyone has a smartphone. You can't make that assumption.

Chris

We're just going to print out the backup codes.

Josh

Yeah yeah i still want to get the code on my motorola pager now

Chris

They didn't give timeline right we don't know timeline that's good

Josh

I don't think it said timeline no no

Mark

No we don't i think i mean if you if you looked at some of the progress that google's made and in office 365 in onboarding people to using mfa it's gotten a lot better it's got a lot of more, self-service uh so if you set up a a new account um you're you're taken through the steps to set up mfa so i think this will be a whole lot more hands-off from our perspective than the first time we rolled out mfa but yeah uh it's gonna

be something that is to communicate and we're gonna we're gonna have to receive the complaints it's.

Josh

Change like it right yeah All right, Chris, hit our next sponsor. Is it a pager, a beeper sponsor?

Chris

Kind of, but a lot better. Check out SaferWatch app that you might not be able to use if this law passes, but SaferWatchApp.com. They can help you with your key safety features for your school district, anonymous tip reporting, threat reporting, incident management, drill tracking, threat assessment. They can do your mobile panic alert system, mass notification, reunification, safety check-in, and more. It's all packaged in their Slick app.

I think in like two weeks-ish, we're going to do an interview with a SaferWatch customer to unpack how it's working in their school district a little bit more. So check out SaferWatchApp.com.

Josh

All right. On to our main topic. We actually have a listener email this week.

Data Breach Liability Discussion

Chris, you want to intro?

Chris

Yeah, this came in pretty cool from listener Jim. He was preparing for a presentation on data security and came across something that he hasn't heard discussed on here. And that's this personal data, a user kept on a school device, including their home folder on a server. So school district employee does personal work. It's on server.

It's on computer over the years. And we've experienced this, I think he's found prepared tax statements, divorce proceedings, credit card and bank statements and more. So the question is this. If his district suffers a data breach, are we responsible for the data loss of those things that are like unrelated to school business? Is that different from those that we currently have in place?

you know at what point we've talked about this a little bit should we be abandoning that data getting rid of it how long should we keep that data what say you guys

Josh

This is a that's good I could see it go both ways really yes I can we've seen stuff like that stuff that should absolutely not be on school drives 100% we've seen it and we've had to have of that difficult conversation, and it turned out one of the people, well, I don't have a personal email account. Oh, my God. We'll help you do that. Like, we'll get you a Gmail account. Jeez. Are we asking, like, where does the liability lie? Is that what we're asking?

Chris

Yeah, I think a fun question is a high school counselor that does... sells Avon on the side and has a bunch of credit card information on her computer. Uh, that computer gets hacked and all that credit card stuff gets stolen. Um, who's responsible for letting people know, like, does the school have a stake in that?

Mark

Do people still sell Avon? I guess I'm talking to the state that's outlawing beepers.

Josh

But Avon is huge in Missouri.

Chris

Or the, even, even stick to the, uh, like the divorce stuff or the tax stuff.

Josh

Yeah.

Chris

Teacher has her tax stuff, social security numbers of her kids and whatever on her computer. Computer gets hacked. Yeah. That stuff's leaked. And that's not your student's social, you know.

Josh

Well, and I think the important thing here is it's data that is on a device not due to the normal operation of the district. And I think that's kind of, Maybe that would be kind of where it lies. It's I don't know. I could see it go both ways. Honestly, I can see the argument for the district would have no liability to protect that lady's kids social security numbers if they didn't go to the school. But I could also see, yes, they do have a liability in it.

I don't know. What do you think, Chris?

Chris

I've i've had a teacher with the argument of they did all their personal stuff with our account because we're the most secure environment that they have access to huh and that i feel like thank you i still wish you wouldn't sell your avon there is a school supplied email account she's

Josh

Using a school beeper too

Chris

Yeah she's beeping it up that's how she walks the order outside gives that good lotion I don't know it's a weird spot do you report that you're gonna send a letter home That Avon orders for the past five years got leaked?

Josh

Yeah. I mean, could you, could you, like, you might, you might, that could be a really difficult conversation. Why are we getting this breach notice from the school, Jimmy? Well, I was buying Amazon from Miss Smith or Avon from Miss Smith. Yeah.

Chris

Mark, hold your answer. Mark's answer is brought to you by Visor. That's V-I-Z-O-R, a great tool for managing your district's devices and help desk tickets. They have a new customer in our neck of the woods, Stratford in Missouri. They've been using Visor for a while. They think it's fantastic. They say it is, quote, super efficient, and it's really helped out their help desk. They said it's, quote, a complete 180 change.

So the Visor did a case study with them. We'll put a link in the podcast description to them. you can check out visor at visor.cloud slash k12 tech talk mark

Josh

Before you got the right answer mark what were you thinking

Mark

I think it was aligned with what you were you were discussing josh that.

Josh

You could see both sides of the argument

Mark

I could see i could definitely see both sides of the argument i've i mean i definitely have people who um use their work email for personal purposes um, I was just on a conference call before we started with somebody who works in my previous district. And while I'm in the waiting room, I was like, I recognize that message. I'm in a district Zoom call. So, yeah, I think there's a reasonable assumption that people do use their work technology for personal usage.

I spoke with a data privacy lawyer on this one. Oh. The very first thing to say is we're not lawyers, and this is not official legal advice, and we are not to give you legal advice, and you need to speak with your lawyer.

Josh

You take all the fun out of it. I do.

Mark

I do. No, I'm going to give you an answer. And the reason, though, is that, unfortunately, depending on what country and what state you're on, things are really, really different.

Josh

We have beepers. Our state has beepers. Yeah.

Mark

Yeah, yeah, yeah. It may apply to beepers. it may apply to smartphones or something like that. But anyways, there hasn't been a significant court case on this, but I'm going to read you the most relevant court case, and I'm going to emphasize a particular statement in here.

Chris

Josh, did you do homework like this?

Josh

No. He's gunning for a tip. Are tips still taxed right now? He's wanting a tax-free tip is what he's wanting.

Mark

I will give you my Venmo or my Beeper account.

Josh

You know i'm thinking about this beepers were just early text messaging that's all it was except it wasn't back and forth until the what was it the sidekick phone that you could flip it around like beepers were just one-way text messaging okay

Mark

University of Pittsburgh Medical Center was sued after a cyber attack led to employee data being compromised and used to file a whole bunch of fake tax returns.

Josh

Okay.

Mark

The Pennsylvania Supreme Court ruled that the information that was leaked and used to file fake tax returns was required to be collected as a condition of their employment. Therefore, UPMC, University of Pittsburgh Medical Center, was liable for all damages.

Chris

Sure.

Mark

Key phrase in that yes the data that was required to be collected as a condition of their employment yes okay the advice that i received was in the event that an employee uploads personal information to a company device or cloud storage or any sort of company system under their own free will yeah it would be difficult if not unlikely for a court to find the employer liable for that data as long as that data was not required for the employee's job responsibilities.

So in the example that Chris mentioned, the Avon documentation and tax return, that has nothing to do with the school district. The school district was not providing your computer or your cloud storage, your Google Drive for that Avon business. It would be very hard for a court to take a case up against the school district for liability. There are some questions to consider though, but I'm going to let you respond first.

Josh

Okay, so completely agree. However, I think there's a little bit of space for an argument if during discovery that it's deemed that the district wasn't taking reasonable security, and you guys can't see me doing finger quotes, but if it could be proven that the district didn't take reasonable precautions to protect the data, regardless of who owned the data and who uploaded it you i feel like you could

argue that there was there would be some liability there regardless of where the data came from

Chris

Chris yeah i and we're almost digging in to a whole other topic probably but like if the tech department was aware I think it could be could get different quickly if the tech department was aware that they had that data and didn't and they didn't remove it. Yeah, I think you could even have a little bit of banter about why did you keep that? If it's if it's a person that left, why did you that the whole power school thing for 15 years? We keep the data for 20 years, whatever.

At what point does the district have some responsibility that we should have been cleaning up data? Like, why did we keep the teacher's divorce paperwork for five years or 10 years after they left?

Josh

Yeah.

Chris

I think there's some curious questions to that that you could banter about.

Mark

Now, there's a few questions or a few things to consider, which helps to make this a little clearer. So if you're in this position and you're like, great, I'm not liable, there's three things to consider. The first is, does the company, or in this case, the school district, when you give out a laptop to a teacher or issue them their Google account, do you explicitly state the purpose of this technology?

In other words, do you say, here's your Google Drive, this is for you to keep track of your lessons. That obviously helps to narrow down the focus. And so if somebody uses it for outside of that explicitly stated purpose that's on there, that could be perceived as not a responsibility to the district.

Josh

And you would need to be able to prove that that statement was made.

Mark

Well, the other one, going along the same lines, does the company policy prohibit the usage of company technology for personal files. That makes it even clearer that you are actually going against a company policy by using it. And then the third is if it's a no to both of those, another thing is, does the company actively promote or discourage this behavior?

So in other words, let's say that you'd explicitly say you can't use your technology for your tax returns or this is what it's for, but you were aware that it was happening, did you do anything or did you take any steps to discourage that? So if somebody comes to, or if you are made aware that a teacher is storing their personal files in their drive, it's in your best interest. It's in your district's best interest to remind that teacher that that's not the purpose of those tools.

Josh

Or just delete the file.

Mark

Delete the file, whatever. But you are taking steps to remind the employee of the purpose for that technology. So that was kind of the general advice. The comparison, which I thought was a beautiful comparison, and this is a scenario that comes up so much in schools. avon what no believe it or not was not avon or cutco knives or whatever you guys still do out in missouri we do.

Josh

Cutco too cutco is huge in missouri it is it really is what's

Chris

The truck that pulls up and sells the tools to

Josh

Snap on

Mark

Snap yeah what's.

Josh

His name that we have we have a friend or a former co-worker that left k-12 tech to go sell snap-on tools all right mark what's your

Mark

Beautiful the beautiful comparison bruce yes if a teacher takes a student home in their personal car and they get into a car accident oh god the student is injured yeah.

Josh

It's yeah that's bad

Mark

It's it's obviously bad but it's does the district prohibit that behavior or did they tell the teacher to do it did they encourage the teacher to take the student home or did the teacher do that against district policy they did on their own free will that's hard generally i i think people teachers would understand that they're personally liable if they do that on their own you could you could apply that same logic to a teacher uploading personal data to their technology district technology,

So, listener Jim, talk to your lawyer.

Chris

Yeah, get out of here, Jim. Don't email again.

Mark

But it was a really quick thing you could do. Check your policies. If you have an opportunity to refine your district's policy, maybe you can just put a line in there that says, this is what the purpose of our technology is for, or here's what not to use it for.

Josh

Or just start deleting all the divorce decrees that you find.

Chris

Fitting Managed Methods is a proud sponsor for the K-12 Tech Talk podcast, and they can plug into your Microsoft and into your Google, and they can see if you got credit card numbers floating around and social security numbers and passwords and different things for your staff or your students, and they can automate some of the decisions that you want to make based upon that, too. I have another application that I use.

I try to. Sometimes I suck, but it scans like three computers a moth and gives a dollar amount of what that computer might be worth if it were physically stolen. And it's looking for pie information and stuff. And sometimes we are very disappointed in the findings. All those Avon orders. i did have i did have a uh a school secretary selling avon through her school email that's a true story i

Josh

Told you yeah story that cone knives and aim and avon come to missouri all right

Chris

And she was offended when we talked about not doing that yep wow it's fine did she have a pink cadillac no she didn't get that far I stopped it before the pink cadillac that's

Josh

Unfortunate she had to move to pagers and beepers

Mark

While you guys are talking, I'm putting on my Avon Zoom filters here.

Josh

You are. I just know you have orange lipstick.

Chris

I was wondering what was happening.

Josh

That's a nice look, Mark.

Mark

Yeah, yeah. I'm going to click this button that says apply to all future meetings and just spice up the next week.

Chris

That is spicy. Yep, I got to pick guys. I'll be sharing that. I'm X. No worries about this audio only podcast.

Josh

Yeah that whoo mark all right

Mark

All right we're stopping this here.

Upcoming Events in K-12 Tech

Josh

Uh all right so if you uh that was episode 203 hit us oh you got another one

Chris

Yeah well i just want to talk about we got some events coming up so next week we got midwest tech talk security symposium uh mark will be there fortinet a proud sponsor the k12 tech talk podcast will be there uh they're actually doing our uh thursday afternoon workshops a forti gate deep dive on best practices with our friend chris over there uh and then in what's next we got the massachusetts conference coming up right mark you're gonna maybe show up there a little bit yep meta allah and

then we'll be heading to cosen seattle at the end of march uh should be a good time there as well hope to see you guys there

Josh

In indiana in may

Chris

Oh yes and then we actually random we're sending hayden the new guy to the mo asbo conference at lake of the ozarks in the middle of april you can tell your superintendents to check out k2 tech pro down there and then april 30th through may 2nd all three of us will be in indiana at the cto clinic we're doing an episode we're doing the keynote we're presenting as well. That should be a great time.

Josh

All right. Well, if you were in high school in the 90s and had a pager like I did, shoot us an email, k12techtalk at gmail.com. Let me know that I'm not the only oldie in the crowd. Yeah, Chris, I guess by the time you guys got to high school, pagers weren't a thing.

Chris

No, we had like the phone in the bag.

Josh

Yeah.

Chris

My dad had a pager.

Josh

Did he? Yeah. Yeah.

Chris

That was about it. Like my dad's cool pager.

Josh

No. No?

Mark

No, no pager.

Josh

All right.

Chris

And we had nighttime minutes.

Josh

Oh, yeah. That was, yeah. Night, yeah.

Chris

Weekend minutes.

Josh

Yep. Had to go sit in the car at nine o'clock at night and talk to your friends. Yep.

Chris

Yep.

Josh

All right, guys. Thanks for reminiscing with me, making me feel old. We will see you next week. Thanks for listening.

Mark

The views and opinions expressed on the K-12 Tech Talk podcast are the personal opinions of Josh, Chris, and Mark and do not represent the views or opinions of our sponsors or other organizations that we're affiliated with. The material and information presented here is for general information and entertainment purposes only. Thanks for listening, and we'll see you next week.

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