Click-Through Agreements: use of third-party applications by Engage Timmo Dugdale Academic Technology Division of Information Technology

Statement of Problem Use of third-party applications for instruction introduces a number of large concerns for the university, instructors and students Interpreting legal issues is not easy Most instructors are not lawyers

Justification of Use Tools available on campus may not meet instructional need Desire to use tools familiar to students Desire to explore uses of new technologies

Issues to Consider Liability Intellectual property Student privacy Long-term exposure to data Representation of self

Use case Provide useful framework for exploring issues related to use of third-party apps Commonly used third-party applications Share the same basic use agreements Google Docs BloggerYouTube

Liability Instructors using Google apps may not be represented by UW Madison legal counsel Under TOS, challenges may end up in CA court using CA law Users may be responsible for legal fees of Google and/or themselves

Intellectual Property Users retain copyright of any materials uploaded or created in these tools Users agree to give Google “perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, publicly display, and distribute any content.”

Student Privacy FERPA presents challenges when granting access to student work to those outside of class Google Apps vary in their ability to control access TIP: Instructors should educate students about format, purpose, legal considerations, and risks of use at the start of semester

Long-term Exposure Questions remain about exposure to course work placed in Google apps -- even after it is “removed” Uncertain of Google’s right to perpetual use and archiving practices TIP: Use of pseudonyms may be helpful in reducing long-term risk

Representation Many tools require users to represent their identity accurately Google TOS allows for use of pseudonyms or taking on identity of another person (i.e. historical or literary identity) Google does not allow “intent to mislead users”

suggestions Define activity and workflow needs Review available tools Review contract details Seek advice from UW Legal, if necessary Assess legal considerations and risks Communicate rationale to students up front

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