--- title: "Anti-Cheating Software That Scans Students’ Rooms Is Unconstitutional, Court Rules" description: "A federal judge just sided with a student, finding that an anti-cheating software used by the institution that scanned his room, was unconstitutional." date: "2022-08-28" modified: "2022-08-28" authors: - name: "Victor Tangermann" job_title: "Senior Editor" link: "https://futurism.com/authors/victor" url: "https://futurism.com/the-byte/anti-cheating-software-scans-rooms-unconstitutional" categories: - "Future Society" tags: - "college student" - "the digest" - "us constitution" --- # Anti-Cheating Software That Scans Students’ Rooms Is Unconstitutional, Court Rules ![A federal judge just sided with a student, finding that an anti-cheating software used by the institution that scanned his room, was unconstitutional.]() *\Image: Getty Images/Futurism\* ## The Room A federal judge just sided with a Cleveland State University student, finding that anti-cheating software used by the institution that scanned his room was unconstitutional, [*NPR* reports](). The creepy third-party "e-proctoring" tool, called Honorlock, asks students to get a virtual scan of students' rooms via a webcam. The decision is significant, and could serve as a precedent for millions of students in the country. It's particularly relevant because the use of tools like Honorlock has taken off since the beginning of the COVID-19 pandemic, with many more students taking exams remotely than before. ## Fourth Amendment Now, US district court judge J. Philip Calabrese decided in chemistry student Aaron Ogletree's favor, arguing that these room scans go against his Fourth Amendment rights. "Mr. Ogletree's privacy interest in his home outweighs Cleveland State's interests in scanning his room," [Calabrese's ruling]() reads. "Accordingly, the Court determines that Cleveland State's practice of conducting room scans is unreasonable under the Fourth Amendment." Civil rights attorney Matthew Besser called the decision a "landmark" in [a blog post](), writing that it was the "first in the nation to hold that the Fourth Amendment protects students from unreasonable video searches of their homes before taking a remote test." Ogletree's complaints mirror those filed by other privacy advocates, who have long argued tools like Honorlock unfairly invade students' privacy. ## Credit Score Cleveland State University, however, maintained that remote virtual room scans don't amount to "searches" and that Ogletree could've opted out, resulting in getting zero credit for the exam. But that defense didn't hold with Calabrese arguing that "rooms scans go where people otherwise would not, at least not without a warrant or an invitation." "Nor does it follow that room scans are not searches because the technology is 'in general public use,'" he added in his verdict. **READ MORE:** [Scanning students' rooms during remote tests is unconstitutional, judge rules]() \[*NPR*\] **More on exams:** *[College Students Say Crying In Exams Activates "Cheating" Eye Tracking Software]()* ## Author I've been at Futurism since 2017, where my role has evolved to encompass design, writing, and increasingly editing. I've always been fascinated by space exploration and advanced transportation, which I've leaned into by interviewing luminaries in those fields while closely following the dimensions of policy and regulation that allow next-generation projects to succeed -- or, sometimes, to fail. I'm also keenly interested in the effects of generative AI on society, policies, and democratic institutions, as well as clean energy, physics and biology, and the vagaries of tech leadership. My work for Futurism has been cited by publications including Ars Technica, Gizmodo, PC Magazine, Jalopnik, Fox News, and the New York Post. I spent my childhood living in locations including Manila, the Philippines, and Geneva, Switzerland, attended McGill University, and now live in Toronto, Canada. Before Futurism I worked at AskMen and a small photography studio. In my free time, I'm an avid gardener, foodie, and craft beer lover, as well as a maker of artisanal hot pepper sauces. I have a magnificent dog named Freida. ### Author social links [Bluesky]()