Re: FERPA Notice of Proposed Rulemaking Addresses Changes in IT

["Mclaughlin, Kevin (mclaugkl)" <mclaugkl () UCMAIL UC EDU>]

I agree with Kevin.
-Kevin


Kevin L. McLaughlin
CISM, CISSP, GIAC-GSLC,PMP, ITIL Master Certified  
Director, Information Security
University of Cincinnati
513-556-9177 (w)
513-703-3211 (m)
513-558-ISEC (department)
 
 

-----Original Message-----
From: The EDUCAUSE Security Constituent Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Kevin Shalla
Sent: Tuesday, April 01, 2008 12:57 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] FERPA Notice of Proposed Rulemaking Addresses
Changes in IT

Steve,

Because we're considering law, not just a guideline, the wording that 
is proposed must be highly scrutinized.  At our institution the 
student's user ID is NOT the student ID number, and the student ID 
number is NOT used to access or communicate in electronic 
systems.  Because of this, I believe that the proposed regulations 
clearly states that student ID number must not be in the directory - 
and this is the problem.

This is what is proposed:
The proposed regulations would provide that an educational agency or 
institution may not designate as directory information a student's 
SSN or student ID number. However, directory information may include 
a student's user ID or other unique identifier used by the student to 
access or communicate in electronic systems, but only if the 
electronic identifier cannot be used to gain access to education 
records except when used in conjunction with one or more factors that 
authenticate the student's identity, such as a personal 
identification number (PIN), password, or other factor known or 
possessed only by the student.

This is what I would propose:
The proposed regulations would provide that an educational agency or 
institution may not designate as directory information a student's 
SSN. Also prohibited from being designated as directory information 
is any identifier that  would allow access to education records 
without requiring one or more factors that authenticate the student's 
identity, such as a personal identification number (PIN), password, 
or other factor known or possessed only by the student.

Kevin

At 04:14 PM 3/31/2008, Basgen, Brian wrote:
> Steve,
>
>  You raise an interesting point. Yet, student IDs as directory
> information can be problematic, since faculty sometimes publicly post
> grades with student IDs attached. In this case the faculty member is
> confusing identification with authentication, but you know, good luck
> explaining that to faculty. :)
>
>  In this sense, prohibiting student IDs in association with grades
> helps. Naturally, the flip side is possible, that the student ID could
> become another form of authentication. Yet, I think the rule gets beyond
> this limitation.
>
>  Reading the section right after your quote: "However, directory
> information may include a student's user ID ... if [it] cannot be used
> to gain access to education records except when used ... [with] a
> personal identification number (PIN), password, or other factor known or
> possessed only by the student."
>
>  This seems to resolve the issue?
>
> ~~~~~~~~~~~~~~~~~~
> Brian Basgen
> Information Security
> Pima Community College
>
>
>
>
> > -----Original Message-----
> > From: The EDUCAUSE Security Constituent Group Listserv
> > [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Kevin Shalla
> > Sent: Monday, March 31, 2008 12:44 PM
> > To: SECURITY () LISTSERV EDUCAUSE EDU
> > Subject: Re: [SECURITY] FERPA Notice of Proposed Rulemaking
> > Addresses Changes in IT
> >
> > Brian,
> >
> > The document recognizes that certain items may be in the
> > directory, like user ID when other factors are required to
> > access personal information, but it specifically prohibits
> > student ID number:
> > "...may not designate as directory information a student's
> > SSN or other student ID number."
> >
> > And that prohibition demonstrates where I see them confusing
> > identification with authentication.
> >
> > At our university, username isn't satisfactory to uniquely
> > identify students - we need the student ID number, and the
> > proposal prohibits that from being directory information.
> >
> > Kevin
> >
> > At 01:44 PM 3/31/2008, Basgen, Brian wrote:
> > > Kevin,
> > >
> > >  While I agree that the government often confuses
> > identification with
> > > authentication, I'm wondering where you see that in this
> > document. For
> > > example, I found this section which seems to indicate a reasoned
> > > approach and question to the community (p. 24):
> > >
> > > "As noted above, single-factor
> > > authentication of identity, such as a
> > > standard form user name combined with
> > > a secret password or PIN, may not
> > > provide reasonable protection for access to all types of education
> > > records or under all circumstances."
> > >
> > >  The meat of the issue is on page 3:
> > >
> > > "Proposed Regulations: The proposed
> > > regulations would provide that an
> > > educational agency or institution may
> > > not designate as directory information a student's SSN or
> > other student
> > > ID number. However, directory information may include a
> > student's user
> > > ID or other unique identifier used by the student to access or
> > > communicate in electronic systems, but only if the electronic
> > > identifier cannot be used to gain access to education records except
> > > when used in conjunction with one or more factors that
> > authenticate the
> > > student's identity, such as a personal identification number (PIN),
> > > password, or other factor known or possessed only by the student."
> > >
> > >
> > >  It seems to me like they are addressing the issue reasonably well,
> > > and taking head-on the problem of Student ID numbers, which
> > has been a
> > > subject of some debate over the years.
> > >
> > >
> > > ~~~~~~~~~~~~~~~~~~
> > > Brian Basgen
> > > Information Security
> > > Pima Community College
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > > ________________________________
> > >
> > >         From: The EDUCAUSE Security Constituent Group Listserv
> > > [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Kevin Shalla
> > >         Sent: Monday, March 31, 2008 11:37 AM
> > >         To: SECURITY () LISTSERV EDUCAUSE EDU
> > >         Subject: Re: [SECURITY] FERPA Notice of Proposed Rulemaking
> > > Addresses Changes in IT
> > >
> > >
> > >         Thanks Rodney,
> > >
> > >         It seems that the legislators here are confusing
> > > identification with authentication.  I hope that
> > universities learned
> > > from the social security number problem (a number, stored in
> > thousands
> > > if not millions of IT systems around the country, properly used for
> > > identification and improperly used (because it's convenient) as
> > > authentication) and are not allowing knowledge of a student
> > ID number to gain access to anything.
> > > I'm pushing to define student ID as directory information so that it
> > > cannot ever be used for authentication, but some on campus
> > are afraid
> > > of doing this.
> > >
> > >         What do others think?
> > >
> > >         Kevin
> > >
> > >         At 12:58 PM 3/31/2008, Rodney Petersen wrote:
> > >
> > >
> > >
> > >                 The U.S. Department of Education has issued
> > a Notice
> > > of Proposed Rulemaking (
> > > http://edocket.access.gpo.gov/2008/pdf/E8-5790.pdf
> > > <http://edocket.access.gpo.gov/2008/pdf/E8-5790.pdf> ) with proposed
> > > regulations pertaining to the Family Education Rights and Privacy
> > > (FERPA).   Among other things, "the proposed regulations respond to
> > > changes in information technology and address other issues
> > identified
> > > through the Department's experience administering FERPA,"
> > according to
> > > the Notice. Additionally, the regulations are needed to implement
> > > amendments to FERPA contained in the USA Patriot Act and the
> > Campus Sex
> > > Crimes Prevention Act, to implement two U.S. Supreme Court decisions
> > > interpreting FERPA, and to make other necessary changes.
> > >
> > >                 Among the IT-related changes are:
> > >
> > >                 *       Clarification of what can be included as
> > > directory information, addressing Social Security Number
> > (SSN), other
> > > student ID numbers, and email addresses
> > >                 *       Requiring the use of reasonable methods to
> > > identify and authenticate the identity of students, parents, school
> > > officials, and any other parties to whom personally identifiable
> > > information is disclosed
> > >                 *       Recommendations to assist institutions in
> > > safeguarding educational records (Note:  this is covered on
> > page 15598
> > > of Federal Register Notice or page 26 of PDF document.)
> > >
> > >
> > >                 The deadline for comments is May 8, 2008.
> > >
> > >                 The EDUCAUSE Washington Office (
> > > http://www.educause.edu/policy <http://www.educause.edu/policy> ) is
> > > reviewing the proposed changes and welcome your comments or
> > questions
> > > (send comments to rpetersen () educause edu). We will provide a more
> > > detailed analysis of the proposed rules and any further updates at a
> > > later date.
> > >
> > >                 -Rodney
> > >
> > >                 --------------------------------------------------
> > >                 Rodney J. Petersen, J.D.
> > >                 Government Relations Officer & Security Task Force
> > > Coordinator
> > >
> > >                 EDUCAUSE
> > >                 1150 18th Street, N.W., Suite 1010
> > >                 Washington, D.C. 20036
> > >                 (202) 331-5368 / (202) 872-4200
> > >                 (202) 872-4318 (FAX)
> > >                 EDUCAUSE/Internet2 Security Task Force
> > >                 www.educause.edu/security
> > >                 --------------------------------------------------

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