It is a dodge. Society should not just say "oh those silly lawyers". These people are not being responsible. They are not doing their jobs.
It looks very weird and is hard to understand from the outside, and unfortunately all technology vendors are on the outside.
Basically every technology has an impedance mismatch when brought into the university environment. And when you combine them together it keeps getting worse.
That's why you see things in this thread like CS professors who operate their class using pen and paper and maybe a spreadsheet.
One thing I really appreciated that she did was refuse to put e-mail disclaimers in the bottom of e-mails, because she said they had zero legal weight and actually were negative from a legal perspective, since it means people might think they have legal weight (when they don't).
Overzealous e-mail admins would periodically want to do it because it's what everyone else does, not to mention vendors of frankly B.S. software whose only value prop was adding a disclaimer to all the email that went out of Exchange or Google Workspace.
You would be surprised at the number of frivolous lawsuits and seemingly "zero risk" decisions that wind up turning into actual legal risk and legal fees.
The legal world is a lot more complicated than you think. I've been in some of these conversations. Quite frankly, you don't know what you're talking about.
The law is a lot like an app: It has to take into account a gazillion edge cases and corner cases — not to mention that people can be ignorant and/or malicious. It really is complicated, as you say above.
Well done on not hurling insults at @ndriscoll, BTW. Personal attacks don't persuade the target, and they can turn off onlookers who might be undecided. (Competent lawyers learn early that judges and jurors don't like personal attacks and can be less inclined to believe the attacker.)
Refusing to give a student their own data because of a privacy law that's meant to give the student control over their data is them failing. Full stop. There's no room for excuses for government funded entities to act in the exact opposite way that they are supposed to to avoid their fear of government imposed penalties from a deliberate misinterpretation of what the entire thing is about. That's incompetence by everyone involved. It is people going out of their way to make the world a worse place to act important. Absolutely unacceptable.
It's like if teachers aren't teaching the kids to read or add, the details about all the compliance stuff they need to worry about and how the school "can't" remove disruptive kids from a class or whatever is missing the point; the schools can't sacrifice actually doing their job at the alter of compliance, or we should just shut them down since all they do is waste resources. The compliance people should be figuring out how to shield the actual workers/create plausible deniability if the law is supposedly that stupid.
Blaming lawyers or Instructure for "failing to contribute to society" is both incredibly immature and factually wrong. It's not the 1980's where jokes about "kill all the lawyers" get laughs.
I'm going to be blunt: you seem to have a kind of black-and-white, adolescent understanding of the world where it's split up into good actors and bad actors, and good actors should do what's right (regardless of the law) and bad outcomes are the result of bad actors. But that's not how the world works. Everybody involved can be intelligent and trying to do their best, and we get suboptimal outcomes because this stuff is hard. Writing laws that protect student data while maximizing student convenience are probably never going to get it perfectly right in every situation. But insulting the lawyers or the schools or Instructure as "failing to contribute to society" or insulting the law as "supposedly that stupid" is to deeply misunderstand everything.
An old lawyer joke: What do you call 100 lawyers drowning in the ocean? A good start!
(Told to me by my dad, a former attorney till he retired.)
Actual, real lawyers who work for or at real universities often do contribute quite a bit of valuable work. I enjoyed the one I worked with and think she did a great job of putting the brakes on over-regulating or using legal compliance as an excuse for just not doing work.
