The Legalities of using U.S.(foreign) Servers with Canadian students by Erin Gibbs and Rob Airey

There are a multitude of free applications out there... Like this one ! Like this one !

What is the problem? A teacher wants to use free software with students but is not sure about the legalities of doing so. For example, we found WiX, software under an open source licence released by Microsoft. WiX is a site that allows you to create your own free flash website. This brought up several issues:

2. What kind of permissions do you need to get at the school level in order for students to use this software? 3. If your school district does not have a form, what do you need to know in order to create such a form? 1. How do you find out where the server is based? This is important to know because using non Canadian-based servers could open you up to legal issues if you plan to use it with school aged children.

The Issue? There is a BIG difference between BC’s FIPPA (Freedom of Information and Protection of Privacy Act)... Protection of personal information 30 A public body must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. [Amended by ], [Amended by ] Storage and access must be in Canada 30.1 A public body must ensure that personal information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies: (a) if the individual the information is about has identified the information and has consented, in the prescribed manner, to it being stored in or accessed from, as applicable, another jurisdiction; (b) if it is stored in or accessed from another jurisdiction for the purpose of disclosure allowed under this Act. [Amended by ] (c) if it was disclosed under section 33.1(1)(i.1).[Added by ]

...And the US’ Patriot Act The biggest concern for Canadian students online is the second part of the act (Title II) which gives US law enforcement agencies greater powers to intercept communication related to terrorist activities and gives them the authority to do roving surveillance on individuals. Online, it “allows the government to order files from the providers of communications services with details about specific customers' use of the service. For example, an Internet service provider can be ordered to provide information on IP addresses, login times and sites visited. “ Taken from

Do you know where these social media apps are based?

Here’s How to Find Out Go to to find out where the server associated with the software is based. Type in the name or URL of the software you want to investigate. The location of the server should instantly be identified on a world map.

If that doesn’t work......you will have to do more extensive searching online.

Some Advice if you Really Want to use Online Applications on American Servers (or from other countries).... 1)Get a signed permission form from parents. Ensure that it contains wording to the effect of: I am aware that websites hosted on servers in foreign countries, such as the United States, are not subject to the Freedom of Information and Protection of Privacy Act and student information on those servers may be viewed by others without consent. You may want to add this to your school’s AUP (Acceptable Use Policy)

2) Try to use sites that will allow students to download files once they’re done using the application rather than storing the files on the server (e.g.

3)If students must log on to an account on a US server, have them create accounts using false information (name, address, etc.) This may seem obvious, but check out this video from LearnNowBC’s online safety center: Steve Dotto is helping us set up a Facebook Account Safely – or is he? He gets some of it right, but gives away too much information! Click Here to See the Video!

4) addresses should always be from online sources like hotmail or gmail (although these are also on American servers) and should not contain personal information about the student. e.g. It’s also not a bad idea for the address to be one that students don’t use for personal s. We suggest using a fictitious teacher- created account.

5)No personal information should be posted to the site and all pictures should be generic and unidentifiable (e.g. the backs of heads).

6)Check out Digital Tattoo at for more information on ‘digital identity’ and protecting yourself onlinehttp://digitaltattoo.ubc.ca

Sources : t%28April%202010%29.htm#section awareness.ca/english/resources/special_initiatives/wa_resources/wa_teachers/backgrounders/a cceptable_use_coquitlam.cfm