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Incident 131: Proctoring Algorithm in Online California Bar Exam Flagged an Unusually High Number of Alleged Cheaters

Description: The proctoring algorithm used in a California bar exam cited a third of thousands of applicants as cheaters, resulting in allegations where exam takers were instructed to prove otherwise without seeing their incriminating video evidence.

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Alleged: ExamSoft developed an AI system deployed by California Bar’s Committee of Bar Examiners, which harmed California bar exam takers and flagged California bar exam takers.

Incident Stats

Incident ID
131
Report Count
2
Incident Date
2020-12-04
Editors
Sean McGregor, Khoa Lam
Applied Taxonomies
CSETv1, GMF, MIT

CSETv1 Taxonomy Classifications

Taxonomy Details

Incident Number

The number of the incident in the AI Incident Database.
 

131

MIT Taxonomy Classifications

Machine-Classified
Taxonomy Details

Risk Subdomain

A further 23 subdomains create an accessible and understandable classification of hazards and harms associated with AI
 

1.1. Unfair discrimination and misrepresentation

Risk Domain

The Domain Taxonomy of AI Risks classifies risks into seven AI risk domains: (1) Discrimination & toxicity, (2) Privacy & security, (3) Misinformation, (4) Malicious actors & misuse, (5) Human-computer interaction, (6) Socioeconomic & environmental harms, and (7) AI system safety, failures & limitations.
 
  1. Discrimination and Toxicity

Entity

Which, if any, entity is presented as the main cause of the risk
 

AI

Timing

The stage in the AI lifecycle at which the risk is presented as occurring
 

Post-deployment

Intent

Whether the risk is presented as occurring as an expected or unexpected outcome from pursuing a goal
 

Unintentional

Incident Reports

Reports Timeline

Incident OccurrenceCalifornia Bar Exam Flagged A THIRD Of Applicants As CheatingThird of California Online Bar Exams Cited for Possible Cheating
California Bar Exam Flagged A THIRD Of Applicants As Cheating

California Bar Exam Flagged A THIRD Of Applicants As Cheating

abovethelaw.com

Third of California Online Bar Exams Cited for Possible Cheating

Third of California Online Bar Exams Cited for Possible Cheating

news.bloomberglaw.com

California Bar Exam Flagged A THIRD Of Applicants As Cheating
abovethelaw.com · 2020

Remember when we said that the online bar exam’s “cheating” algorithm was going to be a problem? It already flagged Black and Brown folks for merely existing, but it didn’t stop there and managed to key in on all sorts of people as likely c…

Third of California Online Bar Exams Cited for Possible Cheating
news.bloomberglaw.com · 2020

More than one-third of those who took California’s first online bar exam in October were flagged for possible cheating, based on alerts sent by the test’s software, the state bar said.

Of the 9,301 people who took the entire exam, “we are c…

Variants

A "variant" is an incident that shares the same causative factors, produces similar harms, and involves the same intelligent systems as a known AI incident. Rather than index variants as entirely separate incidents, we list variations of incidents under the first similar incident submitted to the database. Unlike other submission types to the incident database, variants are not required to have reporting in evidence external to the Incident Database. Learn more from the research paper.

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