Standing in the Age of Data Breaches: A Consumer-Friendly Framework to Pleading Future Injury and Providing Equitable Relief to Data Breach Victims

Data breaches have rapidly increased in volume in the United States since the beginning of the twenty-first century. As entities across the United States have increasingly stored personally identifiable information (PII) in online databases, cybercriminals have developed tools to steal and sell stolen PII. This note explores the devastating consequences felt by data breach victims and the uphill battles victims often face in finding legal remedies. Although data breach victims may be at risk of identity theft, they are often barred from taking legal action against the entity that breached their data due to the “injury in fact” requirement under Article III of the Constitution. Data breach victims who have been notified of a breach but do not have proof that their PII has been used by a third-party must plead future injury as the result of the breach, which is an incredibly difficult task. In 2021, in McMorris v. Carlos Lopez & Assocs., LLC., the Second Circuit Court of Appeals adopted a three-factor test in which data breach victims could plausibly plead a claim for future injury as the result of a breach. However, the court’s decision still puts significant restrictions on data breach victims, and alarmingly, there is no federal data breach notification legislation in place in the United States. This note argues that the test adopted in McMorris must be modified, and federal data breach notification legislation must be implemented in order to give data breach victims a fair chance of being granted standing and a fair chance of recovery. A modified, more rigid test that considers the type of data that has been breached, whether the breach was a targeted attack, whether data has already been misused, and the amount of time that data has been exposed would accurately gauge whether victims are at an increased risk of future harm and help ensure more equitable grants of standing for future injury claimants. Moreover, federal data breach notification legislation that allows for recovery of reasonable expenses incurred while attempting to protect oneself from future injury would allow data breach victims to recover for preventative actions taken after being notified of a breach even if they may not ultimately be granted standing to sue

Automated tutoring for a database skills training environment

Universities are increasingly offering courses online. Feedback, assessment, and guidance are important features of this online courseware. Together, in the absence of a human tutor, they aid the student in the learning process. We present a programming training environment for a database course. It aims to offer a substitute for classroom based learning by providing synchronous automated feedback to the student, along with guidance based on a personalized assessment. The automated tutoring system should promote procedural knowledge acquisition and skills training. An automated tutoring feature is an integral part of this tutoring system

Enhancing the quality of the student experience online: Revisiting the imperative of learning as socially based

Delivery of quality educational services and opportunities is becoming increasingly more complex as Web-based learning tools and support structures continue to evolve. Although much effort is devoted to examining the use of technology to teach course content, an emerging area of some importance in online teaching is how to enhance the student experience of learning and communicating online. Associated with this is the creation of social and supportive environments for learning when there is little face-to-face contact between distance learners and their teachers. This paper provides a framework and a set of strategies that can be used to create a supportive learning climate, and illustrates a range of tasks that create positive social, learning experiences

Keeping an anchor watch: Industry partnership a basis for learning

During the 1990’s Australia has heard the call for graduates equipped with generic skills as a key theme in the development appropriate curriculum and pedagogy. In tertiary contexts, skills and knowledge are often decontextualised and transferable, and work-related skills are not accorded sufficient emphasis in teaching and assessment. The present study is an example of industry involvement on tertiary learning and assessment enhances the student experience and contextualises the curriculum. The context of the study is a project management unit at tertiary level that utilising online learning and self-directed learning pedagogies. The design of the environment is presented within a framework for professional knowledge development and the tasks and forms of engagement that occurred in this empirical study are described. Critical success factors for engagement with industry are discussed

Fostering higher order thinking through online tasks

Increasingly higher education institutions are being asked to be more pro-active in delivering instruction through on-line facilities, while at the same time being more effective in fostering higher order thinking skills for students. This action research case study considered the effects of tertiary students working in teams to collaboratively solve ill-defined problems in an on-line environment. The framework adopted for analysis of higher order thinking investigated types of talk that were indicative of reasoning processes. Results indicated that the students\u27 capacity to display higher order thinking increased as a result of the students collaborating and communicating through the custom built on-line problem solving environment. The implications of the study are that on-line collaborative environments can facilitate the development of higher order thinking skills that are increasingly expected of graduates

Overcoming process blindness in the design of an online unit

Learning environment research can contribute to our understanding of how psychosocial processes need to be balanced with cognitive outcomes in the design of units of study. The research on Web-based learning supports the assumption that the nature of social interaction affects student outcomes and student perceptions of the quality of the learning experience. The purposeful this study is to examine student perceptions of psychosocial processes in a blended learning environment using a learning environment survey tool. Students assessed the environments as favourable, but found that the quality of dialogue and peer support offered did not meet their needs. Implications for online design are considered

Can blogs promote fair and equitable teamwork?

Online collaboration tools can provide an opportunity to enhance community building while at the same time motivate students to actively participate in their learning. In this investigation an online learning environment was designed with the aim of promoting clear and transparent communication between higher education students to enable fair and equitable teamwork. The environment was designed with a combination of authentic project work, self-regulated tasks and reflective activity through the use of Bloggers. An evaluation of the learning environment was conducted through both qualitative and quantitative survey instruments

Developing on-line e-commerce business plans to provide students with context and job opportunities

This action research presents a description of how an on-line E-commerce business-planning unit was developed. Initially, an intensive ten-day E-commerce course was developed in collaboration with government, industry and university sectors with a view of raising awareness and promoting electronic business planning issues. The course utilised a range of learning approaches, including peer teaching, in which participants were trained as team leaders to facilitate group learning. Based on the evaluation of this course, a full semester course for final year tertiary studentswas developed and evaluated. An overview of both case studies is given with recommendations for future developments

Quality in online delivery: what does it mean for assessment in e-learning environments?

While a great deal has been written on the advantages and benefits of online teaching, and research continues to proliferate, many practitioners are seeking guidelines that can be applied to the design of assessment in online environments. The last decade has seen the convergence of traditional distance education with on-campus modes of delivery and work-based training signalling new models of flexible delivery. In addition, demand driven education accentuates the learner’s role and needs while the teacher has become a manager, mediator and motivator of student learning. Issues raised by national and international bodies and quality assurance agencies now seem to be addressing the same questions. How can a teaching and learning process that differs so markedly from what has been practiced for hundreds of years maintain and support quality? Who will be the guardians of quality and the innovators of learning and assessment design? This paper addresses current definitions of quality in online assessment and examines emerging expectations of what constitutes appropriate online assessment. A case study is presented of a Web-based assessment framework that is both interactive and product-oriented and involves learners in making contributions to course resources through learning activities. It is proposed that an nteractive participatory model of assessment utilises the communicative features of technology while affording a motivating and authentic assessment experience

Supporting collaborative learning with blogs

Bloggers provide an opportunity to help enhance community building and promote that can help increase the flexibility of learning while motivating students to actively participate in their learning. By enabling peer-to-peer interaction, Bloggers can support the essential communication needed for team members to share given tasks while creating a sense of ownership and progress. In this investigation bloggers were designed, with a view to promoting clear and transparent communication between team members. In this study, bloggers were integral to learning online and also supportive of the social processes of learning by enabling peers to easily see how their team members were performing tasks. The combination of peer-supported teams and tasks designed for self-direction supported by blogging were the key design elements, and supported the learning outcomes of collaboration, social responsibility and decision-making with a view to helping learners attain essential project management skil