Introductory Hypothetical

Public Institutions [Administrative Law]

Introductory Hypothetical

A technology has been developed that can classify degrees of student attention to matters being taught in class. It works through a combination of visual tracking of student facial expression and a small device placed on the skin that measures skin temperature, pulse, etc. The device would be placed on students’ pulse points before class and removed at the end of class.

For remote learning, special facial recognition software would be used in addition to the pulse point devices (which would be sent to students’ homes and required to be worn during class as part of the attendance and attention grade).

Assume there are NO laws or regulations addressing this question. Let’s discuss the following questions:

1. Should there be regulation of this technology?

2. If not, why not?

3. If so, why? How should that regulation be structured?

4. Assuming regulation, what should the regulatory statute say? Please draft a name for the statute and its key provisions. Provide a clear statement of the purpose of the statute and what and how it will regulate the relevant technology.

5. Who should be in charge of determining and enforcing such regulation? Please establish (or identify) an agency responsible for administering the statute. Would it be a single headed or multi-member agency? Who should be in charge? What qualifications should its leaders and staff possess and why? Etc.

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