Good morning and welcome to my talk for If Only Your Grades Are Safe, OSINT and Higher Education. Before I start, I'll tell you a little bit about myself. I'm a data analyst who's involved in higher education. I have a big interest in data privacy and security. You can contact me at Twitter or at one of those emails. Also, I've gotten a lot of questions when people have seen this talk about why I'm doing it. You're just giving people resources to pull data for free. There's a big issue, which I will talk about. People are already taking advantage of this, and most people don't know that they are, and they don't know how to protect themselves. So that's pretty much the reasoning behind this talk. Have any of you ever thought about your education records? Do any of you know what education records are? Can you tell me what it is? I have a... Nice little book I can give you. If you look at FERPA, you're looking at the actual student ID numbers tied with the actual classes you're registered for, people that are financing your college education, things of that nature. There are certain rules on higher education, like on the data that's being available, where, like, hey, if I'm 18 years old, my parents are paying for my education, they still can't have access to my records, because that's actually protected information. It's education records go farther than that. It's everything that the college has collected on you. That is tied to the student. That is tied to... That is tied to a student, every single thing. So... Everything. This can even include things like your height and weight. Eye color. Your student ID picture. All of this. And it's maintained by an educational agency. Would you like a... Sure. So these records are maintained by an educational agency, an institution, or parties acting for them. And I'd like to point out that there are no federal rules who tell you what parties the educational institution can say, and they are working for them. So if they suddenly decide that they want to partner with Intellius, and they're being deemed as an educational party, or a third party that they can work with, there's nothing you can do about it. And they do not have to disclose it. So... Like I said, it's anything the educational institution has collected on you for the entirety of your stay at said institution. Some institutions, like community colleges, that have people that drop in and out, they tend to keep records in perpetuity and don't technically follow the year of graduation plus three years, seven year collection data cycle, because students drop in and out, and you may have a student who's been going off and on for 15 years. So they just keep everything. So if you've been going since you were 20 and now you're 45, they have all 25 years of those records of anything that you've done at that college. So this is the big fancy rule that's supposed to protect the privacy of student education. But there's a big loophole with this one. And it applies to all schools. I didn't even touch K-12 because I have an issue with looking at non-adult records. So that's just a boundary I won't touch. But this applies to all of them. So any place that's received any type of funding from the Department of Education, even a dollar, is subject to this law. So a lot of people I've heard, you know, when I started talking about it, they're like, oh, well, that's true. Federal law protects us, right? You don't have to worry about anything. You know, no one can just ask for this. Yeah, that's totally wrong. So FERPA protects everything but directory information. And you know who decides what directory information is? The college. So anything that falls under directory information by the educational agency or the institution or their third party can be disclosed without prior consideration. Consent. And basically this is information contained in an education record that is not generally considered harmful or an invasion of privacy if disclosed. These PII that they can disclose without telling you are your name, your address, telephone number, date and place of birth, honors and awards, dates of attendance, height and weight. Sometimes they include parents' name. They include international students. They include addresses and their parents' names and their international contacts in addition to their local contacts. I've come across some of them that have student ID photos that you can pull, very high quality JPEGs off to make your own ID. Height and weight, hair color, everything but your grades. And in many cases, the colleges also consider your email address at the college protected. But everything else is fine. And the biggest caveat is it's released without consent unless the student has requested a privacy hold, and it means you can just go ask for it. And so I decided to do a proof of concept. I work at a college, but I do all of this research in my own time. And I'd gotten, the reason I did a proof of concept because, you know, I was hoping that maybe just my institution was the only one that was giving away this data when people would ask for it. And it's not. So I contacted 10 colleges and universities, just standard email. I didn't proceed with FOIA requests because they're a pain in the butt for the people involved. And I've had to, I'm on the, I've been on the back end of FOIA requests. I'm not going to do that to anyone unless I really need to. But three of them basically told me, go fill out a FOIA. Two said, go help yourself to our directory. Here's a special link that you can't get on the main page, but go right ahead. You can look up whoever you want. One of them said, give us 50 bucks and we'll give you whatever you want. So five schools did not respond. I figure a 50% return on my time, and if I went with the FOIA request, I would have probably gotten all of them. I was going to do a live demo until I realized how much of this information would just go out, and I didn't feel like doxing people. But this is all of the information down to, some of them told me which dorm room they were in and which dorm building they were in, and their home address as well. So I knew where they lived when they were on vacation and where they lived during the school year. They also did not like providing email, but for some reason they provided here. So it was explicitly stated that they didn't provide email, but email is listed if you look them up. This is UT Austin, big school, a lot of students, same thing. Some of the people I looked up included their home work numbers as well. They worked on campus, so I had where they would work on campus. And all you have to do with that is call to see when they're working if you're trying to find somebody. So a FOIA request, a lot of people think it's this big, complicated thing. This is basically an example of regular FOIA requests I receive. You just write it out. The federal government doesn't have any, like, specifics. You just have to request it, and you can make up whatever you want with why you need it. And this is what it will get you. So this is the information. This is the information. This is the information that was provided in response to that email. Hey, I'm marketing to these students, and I want to help them decide where they're going to school. We're not allowed to verify who's requesting this information. So all of this information was given, though we are not allowed to tell people when the degree was awarded. But one of the things you can do is you provide dates of attendance and the degrees and awards they received. If someone went to school for four years and they got a bachelor's degree, I can figure out when they got a bachelor's degree. And some of them are very helpful, and they will provide you all previous educational institutions those people have attended as well. You know, because you might need that for helping them at the fake school you're providing. Now, this one is my favorite. What 50 bucks can get you? So as per my previous emails, I sent out this standard email. It's at a domain that we purchased using a pseudonym. It's at a domain that we purchased using a pseudonym. There's nothing on it except for a little tagline under my email signature that said, data for tough decisions. Looks official, but it's basically, I'm writing a request, a listing of student directory information. What steps do I need to take in order to obtain this information? Additionally, is there a cost involved? Thank you for your help. I didn't tell them why I wanted it. I didn't tell them what I was going to do with it. I just said I wanted it. They were very helpful. They said, hey, give us $50 for programming, and we can get you anything on the directory that you want. So I request-quested every single thing that they could give me. They said I would provide all the data as soon as I got the money. I sent off a $50 Western Union money order from a P.O. box. I got a nice, helpful emailed receipt, and within 10 business days, I got an email that said, your data is ready. Where do you want me to send this Excel file to? I have issues with that, so I said, hey, I've got a security. If I ever upload, go ahead and securely upload this, but if I didn't have it, I would have gotten it directly into my fake email. And in that, on March 10th, I received 22,000 student records containing all of the information I had requested, including international student information. I had international student parent names because that's part of the directory information. I had international student addresses. I had their local addresses. I had ages. I even had lost students. I had their names listed on there. This is all completely legal. I didn't break any laws, and the federal government is completely aware of this. So what's the big deal? Most colleges and universities, I won't say all because I haven't seen every single one of them, but most, and in all that I've seen, automatically opt in students. It's much easier to not let a student opt out very easily. The paperwork is often hard to find. It can require multiple steps, and if you're an alumni and you find out about this, it sometimes requires extra steps. Personally, I went to a university in a city that I don't live in now. In order to get my data opted out, I'm going to have to take a full day off, travel there, and hopefully the alumni officer will be present that day because I've already gone twice and they haven't been there, in order for me to get my data to be opted out. I can't mail anything in. I can't opt out over the phone. And it's not well protected, and anyone can use it for a variety of purposes. I would hope that when you got a random email with someone who just had a tagline for data for tough decisions, they might ask a few questions instead of, can I have $50? So a lot of people don't think about it, but you can use this to construct a false identity. Just kind of to see what I could do, we took a friend's name to see how many fake identities we could come up that matched his current name. So you can give people, oh, I got all these degrees. I went here and here and here. Just as it occurs to research, using directory information, I was able to find six or seven degrees that we could put on his resume. Because when you call a college to verify a degree, you just have to tell them what year the degree was earned. Since degrees and attendances are posted, you can use that and falsify any of the information you want. You can use it to mess with international students. You can use it if you decide that you want to be a stalker. So this is scary stuff, but there's a whole lot more. So your directory information, can be provided, but treatment records can become education records when you receive treatment at a college or university. So how many of you know what HIPAA is? How many of you have ever had a HIPAA violation? Two of you, okay. It's pretty hard to do though, right? So HIPAA is supposed to protect treatment records. And student medical records are usually protected by HIPAA, usually. FERPA provides another gaping loophole. Records that should be protected by HIPAA can lose all HIPAA protection and become only protected by FERPA. So there are several ways that medical records and psychological treatment records can become education records. And when they convert, these records can become education records. They can lose all protection. So in education, here we go. This is the scary part. An eligible student's treatment records may be disclosed for purposes other than the student's treatment provided the records are disclosed under one of the exceptions to written consent. And one of those exceptions includes when the medical records convert to FERPA protected education records. And that occurs sometimes when anyone but the doctor that the student is seeing or a designated outside provider looks at the records. So if you go in and look at your medical records, you've converted your records from HIPAA protected to FERPA protected. How many of you went to school not in your hometown? Few of you. A lot of people sometimes get treatment on campus because it's easier than trying to fit a doctor in your schedule, or you may not have health care outside of what's provided at school. Or you may have a doctor back home who has not yet made it to the 21st century and still uses paper only records. If you walk into that medical office and say, hey, while I was in college, I discovered I had a thyroid issue. Can I have my medical records? So over the summer, while I'm not here for three months, I can continue my care. Those records lose all protection except for FERPA. And to top it off, if they disclose it in any way, they also lose protection. And it's totally legal for the university to decide that your medical records can't be protected. They can't be disclosed. So the DOE should be on this, because it's not a good thing. But the DOE says that, well, yeah, tough luck. It's totally legal. I don't really care. So the DOE has not moved forward with it. There was a call to action in August 2015 as a result of something I'll be talking about in a minute. They asked for feedback that was due, October 2nd, 2015. Nothing has been changed. This is where you can actually find the press release for it. But there's no comments. There's been no update to the law. It's never even gone in front of the legislature. They just quietly waited for the next big thing to move forward, and it kinda got pushed under the rug. And before people say, no, this is not something that can actually happen, it's not really a big deal, well, this loophole has been exploited publicly. So FERPA and the rape of Jane Doe was where this loophole first came to light for a lot of people. And during the course of this, I may actually slip from saying allegedly raped to raped. They did not move forward with a conviction of the alleged rapists, but there's enough proof in all of the court documentation that you can decide for yourself. But Jane Doe was allegedly gang raped by three members of the university's basketball team over a 12-hour period in March, 2014. She reported it to both the local authorities and the campus authorities. The university decided not to investigate and put the investigation off until after the NCAA basketball tournaments had started. After the tournaments were completed and they had done all of the things they needed to do, they formally began investigation without disclosure. Again, that's not really illegal. They can do that if they want to. It's just not very ethical. The local district attorney decided not to move forward. Due to the low possibility of a guilty verdict, part of the issue is the rape kit had degraded because of the long gap in the formal investigation and some other issues with documentation because it was almost six weeks after the rape before the investigation began on campus. Eventually, the college decided, well, we should probably suspend them because they weren't good. After the suspension, they decided they were guilty of sexual misconduct and banned them from campus up to 10 years. Then, the university administrators, seeing and hearing that there was going to be a lawsuit, compelled the university counseling center to hand over all of her medical records from her psychological treatment from the trauma associated with rape. She filed her lawsuit in January, and it came to light that they'd pulled her records and they were no longer protected. They defended their rights and saying, well, you know, FERPA said we can use them for whatever we want. She was going to sue us, so we had to protect ourselves. The cases moved to the court, and during that time period, her rapist was able to get a hold of all of her medical records dealing with the trauma of the rape, and he was able to see what kind of therapy she had gone through. This is still in court, and I guess the university decided to stop because they were starting to get people a little bit angry at them, and they settled. They paid her $800,000 and said, hey, we'll pay for you to go to school for four more years here where you were raped. You really want to come back, don't you? And they changed the policy for admitting students with a history of sexual assault and misconduct, but they didn't do anything about their misuse of records because, as they put it, it was completely legal under FERPA, and they were not hit with any DOA fines for doing so. So why does this all matter? The university accessed her medical records, including her mental health records. They also accessed her sexual health records, including her medical records from the student center. Women are encouraged to go every year to get an annual exam because an STI test is part of that annual exam. For most women, it's just part of the whole part and parcel. They use that as part of their defense. Look, she's been tested for STIs, never mind that it's considered standard of care. They pulled the records in anticipation of the lawsuit without consent. She never knew those records were breached. I mean, not necessarily breached, but she never knew those records were pulled, and she continued to go for therapy. Then they converted them to education records, which meant that the lawyer for the student who was considered the alleged head rapist could pull all these records and review them with his client. And then they were once again used against her in court. So what does it mean for you? Well, your confidential medical records could become records anyone can look at. They could be used against you. It could potentially be used to negatively affect you in the future. During college, a lot of people go through trying times. People who may not necessarily have issues other times in their life may suffer from depression, suicidal ideation. Your brain is still developing. Or you may get involved with a sorority or fraternity, or you may start binge drinking just because that's a cool thing to do. If that appears on your records that you sought treatment for that, that can be used against you at some point to deny you medical coverage. It can be used to deny you a job. It can be used to say that you're a bad fit for a position. That has nothing to do with what you did when you were in college. I have a question. Yeah. Or should I wait? No, you can go ahead. So regarding Jane Doe, isn't the conversion of HIPAA to FERPA without explicit consent a HIPAA violation? Nope. In the case of educational institutions, if you've received care at an educational institution and anyone at that educational institution looks at those records, as long as it falls within certain parameters, as long as it's accepted because it's the educational institution looking at its own records, it doesn't constitute a HIPAA violation. Yes? What about that opting out of the HIPAA? You can opt out. There's some certain caveats which I'll talk about, but the next one is this is what you can do about it. So you can opt out of data sharing at any institution of higher education that you've ever attended. So this is what you can do about it. But there are some caveats to the opting out. When you opt out, that means that someone like me can request the data and I'll be told, no, these people, you know, I'm not going to get those records. I won't know that they've ever existed because they're a blank slate. However, if your college or university is involved in any type of evaluation program, your data can be shared with the outside evaluator even if you've opted out because it's part of a grant program. And it supersedes your opting out. Does that include accreditation? Yep. Or like LOST, AACSD, and FHL? Yeah. Yep. Yeah. So I want you to think about that. Unless you've gone to a completely private college that receives no funding from the Department of Education, even when you opt out, your data can still be accessible to some people. Opting out provides you a lot, a big safety net, so someone can't just go request it like I did. But other people can still see your data. Anytime there's grant funds or anything like that, these are considered, opt outs aren't considered at all. They make a note of it. Two percent of the students opted out, but it's not a guarantee that your data is completely safe. And the Department of Education and the grant fundees and no one else is interested in protecting those students who don't want their data shared. We recently had a data agreement, or we recently had a request come across where we were providing data to outside entity for the current students. About 44,000 students. Of those 44,000 students, only about 400 of them had opted out. Okay. And previously when I talked about it, it's sometimes hard to see or hard to find. The law only stipulates that it has to be put up in one place. Colleges sometimes look to put it at the very front of the course catalog for the semester in little tiny print. One of the first two pages. How many of you ever read that front part of the course catalog when you were planning your schedule? I never did. I just was trying to get my classes before they filled up with everybody else. You know? Some places will put it up. You can see it. But it requires jumping through hoops. One college I looked at an opt out. And in order to opt out, even if you're a current student, you have to go to their office with an ID. 25% of their students are military members serving overseas. So how are you supposed to opt out when you can't physically be present? So currently, the only thing I can do is tell people to opt out. Tell everyone you know to do the same thing. Contact your higher education group. Right now, it's just a few of us saying, hey, this is a problem. But maybe at some point, if enough people start talking about this, they'll stop screwing people over and just giving their data away. Contact your congress critters. They're not people. I'm sorry. They're not. But if you contact them and bug them enough and tell them you should start talking about this or we're going to vote for the other critter, maybe they'll listen. Colleges have gone from a bastion of higher education, a bastion of learning to a place where student data is commoditized and just given out. Another issue is I anticipate we're going to see more requests for things like DACA students and student religion. I've already had to tell people we don't collect data on students' sexual identity or sexual preference because they wanted to use that to do a study. And how dare I not let them have their student sexual preference? I was like, that has nothing to do with education. We had another person who asked for a list of all Muslim students on campus. No. That's not a question we ever ask. We've received multiple requests for a list of all DACA students. I don't care about your immigration status when you come to school. I look at how you're doing and, like, report data on that. DACA status shouldn't be ever held. But the issue is, even with opt-out, I can be compelled to give lists. And with the current political climate, I'm not going to create a list of DACA students. Because if it exists, someone can ask me for it, even if they've all opted out. And someone with enough authority behind their name can make me give it to them. So this is kind of my what's next. I kind of wanted to see what other person wanted. I don't have all the information I can gather. But I'm also transitioning jobs because I'm hoping to set up kind of a resource center to help students start taking back control of their data. People don't know how to opt-out. And every college has a different opt-out procedure. And sometimes they're impossibly obstinate about letting you control what's about you. First, people in college now, my recommendation is don't use the student medical resources. Which is a shame because sometimes that's the only medical care you can get. But the fact that this sort of stuff can happen is a warning to everybody. Especially because opt-out won't protect that necessarily from some people who are asking. Any questions? Yes, very interesting talk, first of all. I'm from Europe and I find it fascinating to see how the educational institutions are organizing this. So in Europe we have the GDPR, the General Data Protection Regulation that is being effective in place in May next year. It also applies to educational institutions. So it probably means that for overseas students that the U.S. educational institutions also need to comply to the GDPR. So it's maybe an extra motivation for them or for you to basically push them to try to fix this from a legal perspective. I think, I am hopeful that they will do the right thing. But I don't know that they will because the loopholes still continue to exist despite uproar from colleges themselves. For instance, the college where the student was raped, the only reason that that information came to light is because two people from the counseling center filed a formal complaint. Against the university. Lost their jobs as a result because they said that they were prohibiting due process. And raised enough of a stink that a journalist found out what's going on. So I hope that colleges will comply, but I have a feeling that it will be a battle. And I have a feeling that there will probably be a lot of lawsuits, especially from international and foreign students, regarding their data protection. For all EU students who are in those databases. Do those educational institutions are in violation of the GDPR? Yeah, there are often FERPA violations within some of the data that's presented. But as someone who works with the data, I can only advise. I can never tell, like, the decision comes from above of what to do with it. And I know consistently across the board, colleges across the US often violate FERPA. In order to provide data to consortiums and things like that. What are the fines for FERPA violations and HIPAA violations in the US? So none of these would be HIPAA violation because the way it is worded. But FERPA violations are up to $1,000 per student per incident. It's nothing. It's nothing. But a lot of times with the sum of data that they're passing out, it's 500,000 students. You know, it's 15 years of data. And that does add up. But it's just a slap on the wrist. And it doesn't really, you know. The college will find some other way to pay that fine and continue to do what they're doing. It doesn't affect change? No, it doesn't affect change. So I work at one of these universities. And we have medical centers. So it's actually odd because we're a private institution. So there's a loophole in HIPAA. Which means if you're not teaching college. There's a big gray area where if you're even, if I even have to deal with it at all. Which is odd. But in reading up on FERPA, one of the things for opt out that seems, maybe you know, but it seemed like it was a scare tactic was if you opt out and a potential employer calls to verify that you actually graduated there because you opted out, they can't tell you. Yeah. And I believe that is a scare tactic. Because you can provide, like you can contact your college or university and ask them to send a certified transcript. Which most employers who are looking for students are all too happy to receive a certified transcript because that's a better indicator than just calling some random person in a registrar's office. They also use it in some places as a scare tactic. Well, you know, you're going to have to have, you can't just log into everything easily with one password. You're going to have to use different passwords for all your logs. You know, because they use type of one type of a one login for every single thing. Honestly, that's poor security. Like you should be using different passwords for all the things you log into anyway. But they use it as a we're going to cut off your convenience. We're going to make it so no one will hire you as a way to prevent students from opting out because it's extra paperwork. That's extra thing. When I get a data request from an outside entity, I have to strip out all those students that said no. Personally, I would love to be like, I'm sorry. Here's four students who didn't opt out. But you've got an enrollment of 44,000. Yeah, but these are the ones who didn't opt out. So I can't provide you the rest of the data. Like that would be a dream for me because that would cut down some of the data sharing that we have. You can still supersede it. I sent an email to one of the UC colleges saying that I was interested in receiving some directory information so I could send students a scholarship application. And I was told I would just need to provide some funding for that. I don't know if it's going to be for programming, but that I would be able to. They actually violated the UC. So. University of California. Yeah. So there are. They can actually be fired. Yeah. There are so many because sometimes it's a mix of they don't care, a mix of negligence, and a mix of I work with really poor students. Here's an opportunity. I'll even counter that a little bit. I think there's just a lack of training that's given. Yeah. And people. Well, and people don't understand FERPA. When you start talking about it, a lot of people think it protects everything. Well, it's educational rights. You know. No. And one of the things is I don't have. I'm not accessible accessing K through 12 records. But you can request K through 12 records and see all of this information. It doesn't apply to private schools, per se. But charter schools. I don't know. And public schools who receive federal and state funding are subject to FOIA requests. So you can send a FOIA request for all sorts of data on students under the age of 18. Well, my private college gets plenty of money. So I'd be shocked if there's very many private institutions that don't take advantage of free money. Yeah. And I think part of that is, you know, this is. Colleges are. A lot of times. Even, you know, they're trying to find money wherever they can. And sometimes this is, you know, complying with these grants or applying for these grants with all of these stipulations to give over everything. It's a way to fund further programming. And some schools don't really care. It's basically cattle in, cattle out. Other schools, especially smaller schools, are trying to help their students. But some of the smaller private schools have 70 percent of the students who have high need. And you're going to take money wherever you can and make sure the students go through the classes and complete. And so it's kind of a cycle. I mean, people have to start opting out. And then when they find out that their data has been shared when they've opted out, start making a fuss because it's not a lot of money. But if you have enough people yelling, hey, my data has been violated. Can you look into this? And they find enough things. At some point, if you have enough violations, it will hurt. Any other questions? . . . . . . . . . . . . . . . . . . . . . . . . a resource page. Um, eventually it'll be under cat bear intelligence. Um, but if you just, if you follow me and let me put it back to, yeah. So either follow me on Twitter or send me an email. Um, my, my husband in blue here is a DevOps engineer, so he's helping me set up a lot of the backbone. Uh, all of my programming is in, uh, SAS and R, so it's not quite as useful outside of the statistical areas. Um, but I'm going to be setting something up to try and, uh, explain FERPA in plain language to people who may not understand what it means for their rights, um, as well as explaining how they opt out and how to make sure your data is not being shared in plain language. And then, um, I'm hoping to have like a community effort and have people who've opted out and the procedures that they followed at their particular school. And so that people can look up and see, because they are, they're different across the board. So I'm not from the U.S., so I'm not aware of the laws here, but just wondering, uh, initially you said that if I have studied 25 years back, they should have my record even now. So is there a way to opt out as soon as I've done my graduation or as soon as the education is done? You can opt out as soon as you start college. No, so what I'm talking about is not opt out, basically a record cleanup. I don't want you to keep my record. Nope. They have to keep them as part of the DOE because of DOE funding and receiving financial aid and stuff. So they, they require you, you can't just have your, your data purged. Well, let me take that back. You can potentially do something that would put you in the witness protection program that would allow you to clean that record up. But I don't, yeah, I don't recommend that as a way to, to get that record removed. So, um, and not all schools follow, um, where I work, we have, we have, we have, we have, we have, we have, we have, we have, we have, we have, we have, we have, we have, basically we have records, what we call to the beginning, from the beginning of time, from when we started because we have so many students who do the, I go for a little bit and then life happens and I go for a little bit. And so you'll see that more in community colleges. Universities still hold on to some of the data because they have verification, you know, and they need the transcripts and things like that. So some data might be destroyed, but your transcripts and things like that stay around. Any other questions? Anyway, like I said, just follow me on Twitter. Just drop me an email. I have some business cards as well if you didn't get a snapshot of that. And eventually, I'm hoping to set up a public-facing page to help have kind of a crowdsourced, tell me how you opted out of your college so we can help other people and move forward with that. Thank you.