New White House directive will require free access to studies funded by tax dollars

A new White House directive will require academic journals to provide immediate access to papers that are publicly funded. Announced Thursday, the policy, which will be phased in over the next several years, will end a rule that had allowed publishers to keep tax-financed publications behind a paywall for 12 months.

Previously, only research funded by federal offices with R&D expenditures of $100 million or more had to be published in open access, as per 2013 White House guidance. The new directive applies to nearly all agencies — about 400 in total, The New York Times estimates — and also requires that publications be made available in “machine-readable” formats to ensure easy reuse.

In recent decades, efforts like Arxiv.org, Cornell’s open repository of research papers that largely haven’t been peer reviewed, have improved access to studies. But a handful of for-profit journals maintain a stranglehold on publication. According to a 2015 report out of the University of Montreal, five corporations control roughly half of all journal articles published. The venture is hugely profitable for the publishers, which charge both for study submission and rights to published works. One top firm, Elsevier, reported just over £2 billion (~$2.35 billion) in revenue in 2010.

But it’s an expensive arrangement for those in the business of buying study access — the University of California system once had an $11 million annual subscription to Elsevier. For researchers in low- and middle-income countries, who often don’t have subscription deals with journal publishers, the situation is even more challenging — so much so that it’s spawned communities like Sci-Hub that provide illicit, free access to journal-published literature.

Publishers argue that they provide a valuable service, justifying with curation the fees that they impose. But not all academics agree. For the most part, journals judge whether works are worth publishing and review basic elements like grammar. However, they don’t pay staffers to evaluate experiments and conduct validity checks — that intensive legwork is left to scientists working on a volunteer basis.

A 2005 Deutsche Bank report referred to it as a “bizarre … triple-pay” system, in which “the state funds most research, pays the salaries of most of those checking the quality of research, and then buys most of the published product.” Government-funded institutions and universities tend to be the largest clients of journal publishers.

As Vox points out in a 2019 feature, U.S. taxpayers spend $140 billion every year supporting research — a huge percentage of which they can’t access for free. Soon, thankfully, that’ll change.

Proctorio sued for using DMCA to take down a student’s critical tweets

A university student is suing exam proctoring software maker Proctorio to “quash a campaign of harassment” against critics of the company, including an accusation that the company misused copyright laws to remove his tweets that were critical of the software.

The Electronic Frontier Foundation, which filed the lawsuit this week on behalf of Miami University student Erik Johnson, who also does security research on the side, accused Proctorio of having “exploited the DMCA to undermine Johnson’s commentary.”

Twitter hid three of Johnson’s tweets after Proctorio filed a copyright takedown notice under the Digital Millennium Copyright Act, or DMCA, alleging that three of Johnson’s tweets violated the company’s copyright.

Schools and universities have increasingly leaned on proctoring software during the pandemic to invigilate student exams, albeit virtually. Students must install the school’s choice of proctoring software to grant access to the student’s microphone and webcam to spot potential cheating. But students of color have complained that the software fails to recognize non-white faces and that the software also requires high-speed internet access, which many low-income houses don’t have. If a student fails these checks, the student can end up failing the exam.

Despite this, Vice reported last month that some students are easily cheating on exams that are monitored by Proctorio. Several schools have banned or discontinued using Proctorio and other proctoring software, citing privacy concerns.

Proctorio’s monitoring software is a Chrome extension, which unlike most desktop software can be easily downloaded and the source code examined for bugs and flaws. Johnson examined the code and tweeted what he found — including under what circumstances a student’s test would be terminated if the software detected signs of potential cheating, and how the software monitors for suspicious eye movements and abnormal mouse clicking.

Johnson’s tweets also contained links to snippets of the Chrome extension’s source code on Pastebin.

Proctorio claimed at the time, via its crisis communications firm Edelman, that Johnson violated the company’s rights “by copying and posting extracts from Proctorio’s software code on his Twitter account.” But Twitter reinstated Johnson’s tweets after finding Proctorio’s takedown notice “incomplete.”

“Software companies don’t get to abuse copyright law to undermine their critics,” said Cara Gagliano, a staff attorney at the EFF. “Using pieces [of] code to explain your research or support critical commentary is no different from quoting a book in a book review.”

The complaint argues that Proctorio’s “pattern of baseless DMCA notices” had a chilling effect on Johnson’s security research work, amid fears that “reporting on his findings will elicit more harassment.”

“Copyright holders should be held liable when they falsely accuse their critics of copyright infringement, especially when the goal is plainly to intimidate and undermine them,” said Gagliano. “We’re asking the court for a declaratory judgment that there is no infringement to prevent further legal threats and takedown attempts against Johnson for using code excerpts and screenshots to support his comments.”

The EFF alleges that this is part of a wider pattern that Proctorio uses to respond to criticism. Last year Olsen posted a student’s private chat logs on Reddit without their permission. Olsen later set his Twitter account to private following the incident. Proctorio is also suing Ian Linkletter, a learning technology specialist at the University of British Columbia, after posting tweets critical of the company’s proctoring software.

The lawsuit is filed in Arizona, where Proctorio is headquartered. Proctorio CEO Mike Olson did not respond to a request for comment.

Checking in of the state of ISAs

Income share agreements (ISAs) rose to public awareness this year — if measured in press articles and discussion on “VC Twitter” — after several years of niche experimentation among a small community of education advocates. An ISA in a financing model where the student participates in an education program without paying tuition, then pays a certain percentage of their income for a set time term in return.

As I mentioned in my analysis of ISAs back in April, there is rapid growth in ISA pilots by traditional universities in the US and by vocational training programs but there’s also a lot of regulatory uncertainty. All stakeholders in the US want the federal government to provide a regulatory framework for the ISA market since the current lack of policy creates market uncertainty and opportunities for unethical actors.

I asked several of the entrepreneurs, investors, and policy experts at the forefront of ISAs to share their perspectives on the current state of the ISA movement:

  • Tonio DeSorrento, Vemo Education
  • Ethan Pollack, Aspen Institute
  • Shaan Hathiramani, Flockjay
  • Austen Allred, Lambda School
  • Alison Griffin, Whiteboard Advisors
  • Sam Lessin, Slow Capital
  • Terri Burns, GV
  • Kristen Sharp, Entangled Solutions
  • Leo Polovets, Susa Ventures
  • Jan Lynn-Matern, Emerge Education

Here’s what they had to say…

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Image via Getty Images / manopjk

Tonio DeSorrento, Founder & CEO of Vemo Education

“What’s been really fascinating, in recent years, is the innovation that is occurring at colleges and universities that are using ISAs to support and improve student success.