Lawyer Julie Liddell on Edtech Accountability
#INTERVIEW | We aren’t as critical as we should be about technology in the classroom, but thanks to fierce family advocates such as Julie Liddell, we have more visibility into the tradeoffs...
You can be optimistic about the future of technology in education, and at the same time wary of the data privacy implications — especially given the recent concern expressed by lawmakers and regulators regarding how our data is acquired, used, sold, and stored by tech companies.
Unfortunately, we hear far more optimistic one-dimensional takes on new technology these days rather than the realistic accounting of tradeoffs we are making by introducing technology into our homes and classrooms.
So, it caught my attention when I read of two class action lawsuits alleging “nonconsensual student data mining” and with further exploration I was led to the wonderful powerhouse behind these families.
Julie Liddell, Founding Attorney, EdTech Law Center
Julie is like so many parents I know who are smart, talented, and unwilling to leave well-enough alone when the facts just don’t add up and our kids are caught in the crosshairs.
Her career has been devoted to helping people of all backgrounds find justice in the courts; first as a staff attorney for judges in the highest courts in Texas; and later as an attorney for individuals and families fighting powerful, well-resourced interests in a wide range of legal actions.
She is now turning her efforts to help families and teachers fight for their health, wellness, and privacy against tech companies who are exploiting them for profit. And with so few willing to take on these types of fights, I needed to learn more. And I’m delighted to share our conversation…
Fighting the Good Fight, Meet Julie
SE: Tell me a bit about your background
JL: I attended the University of Texas School of Law, where I worked at the District Attorney’s office in the Family Justice Division and in the Cyber Crimes Division of the Office of the Attorney General of Texas, protecting children from online harms.
I then spent ten years as staff attorney for judges in the highest courts in Texas, resolving both criminal and civil matters, ranging from complex commercial disputes to death-penalty appeals.
I also worked on the Judicial Mental Health Committee, where I led the development of the Texas Mental Health and Intellectual and Developmental Disabilities Law Bench Book, now the leading guide for judges and advocates navigating those issues in the justice system. It was through that work that I first learned about the emerging research on the mental health effects of screen use on children.
SE: How did you decide to focus on education technology?
JL: Around that same time, we had friends whose son was issued his own iPad by their school when he began first grade. Shortly thereafter, the boy asked Siri to see a picture of sexy girls, and he was served unfiltered, pornographic material. This went on for weeks before the teacher discovered it. In response, the school administration essentially blamed the parents, telling them to teach their son appropriate online behavior and that, if they didn’t want their son to have access to technology, they should send him to private school.
When the parents went public with their story, others began coming forward with their own stories of how their children had been harmed on school-issued devices, such as having access to ultra violent and other extreme content, falling victim to predatory communications, and more. Our friends launched a petition for a one tech-free class per grade in their district for parents who preferred that their children not have full-time access to a device in class. In short order, nearly 10 percent of the district had signed the petition. But the district refused. [story here.] That’s when I first realized the severity of the EdTech problem.
Five years later, sadly, the situation has only gotten worse. EdTech has become more entrenched in schools, administrators’ attitudes have hardened, children are routinely harmed, and parents’ concerns are ignored. Despite significant efforts by advocates—including coalition building, well-evidenced appeals to administrators and lawmakers, and pleas to regulators for enforcement—EdTech has continued to proliferate unchecked and operate in schools without oversight across the country.
However, one approach that no one had yet tried was litigation. I knew these parents had viable claims, but no lawyers saw their cases as worthy of consideration, so I decided I had to help. That’s when I began the EdTech Law Center.
SE: What are the biggest challenges in taking this on?
JL: Parents’ lack of awareness of the problem and their anxiety around litigation.
Most parents simply (and understandably) assume that their kids are safe at school, offline and online. Most have no idea what products and platforms their kids have access to at school. And few schools make that information available—often because they themselves don’t know. So, parents don’t even know to be concerned, let alone how to take action.
And those who do understand the issue feel entirely disempowered. Their concerns fall on deaf ears. Worse, the administration may retaliate against them and their children for speaking out. But persuading parents to pursue legal action to protect their family’s rights is challenging. No one wants to be involved in a lawsuit, especially one that involves their children. And that anxiety is completely understandable. It is unacceptable that this is the position society has put parents in: stay silent and hope that their children aren’t harmed (or aren’t harmed too badly) or seek protection through the legal system and bear the burdens of litigation.
I couldn’t be more thankful for my current clients. They have made the brave decision to stand up for their children, themselves, and ultimately other families because they believe it is both the right thing to do and the only path to real change. I hope their acts of courage will inspire others to do the same.
SE: What keeps you going?
JL: Hearing parents’ stories about their children’s struggles caused by internet-connected devices in the classroom. Not a day goes by that I don’t hear a new story from a parent about how their child was harmed online—whether by having their personal information taken and their privacy abused, seeing things they shouldn’t, talking to people they shouldn’t, buying things they shouldn’t; they can’t concentrate on their schoolwork, or socialize in person with their friends, or even meet with their teacher face-to-face; they’re acting out, falling behind, stressed, and depressed. The list truly goes on and on.
Worse, when parents do speak out, they’re almost always mistreated. They’re ignored, humored, strung along, gas lit, isolated, dismissed, and stigmatized. They even face retaliation. I’ve always hated bullies, and this is the most deplorable kind of bullying—of parents who are just trying to protect their children, and even of children themselves. It’s unconscionable. It is that profound injustice, and the absence of any support for families, that keeps me fighting.
SE: Are you optimistic about technology and the future?
JL: I am, but only if we’re able to hold the current tech regime accountable. It’s not “technology” in the abstract that’s harmful; it’s the business model of today’s technology. As long as tech companies enormously profit from taking children’s personal information, they will continue to design products for that purpose at children’s expense.
That’s why my first cases tackle data privacy. At their core, these cases challenge the legality of the data-monetization business model in the classroom. All the negative externalities of these products flow from that model: the gamification of learning, the unfettered access to extreme content and communications, the isolation of children from their peers and mentors—it’s all designed to keep kids online so that the industry may take and monetize their personal information. We have to strip those perverse incentives from the industry so that the only positive incentives remain. Only if we can eliminate that model—at least from the classroom—will there be room for the development of technologies that have one job: helping make kids the best version of themselves.
SE: What can parents do who worry their family's information has been compromised, or if they think they have a complaint?
JL: Call or email us. Our services are free unless and until we litigate and win. We also have resources we can provide, depending on your situation. We’re here to help in any way we can. Above all, parents should trust their instincts and know they’re not alone. Parents across the country are fighting this fight, and the more we speak out, the more we can’t be ignored. Collective action is key. Real change is going to take every single one of us doing everything we can to protect our kids.