Thread by @dp4il

🧵: reiterating the point that the @NCBEX and bar examiners like @il_bar have known/should have known that the October 2020 remote bar exam was a VERY risky move for MONTHS + what they can do about it now. 1/n

#barpocalypse #remotebarexam #barexam

https://twitter.com/AsaCraig/status/1305671080787480577

On August 6, @Extegrity released a statement through @BarExamTracker saying that it would not participate in the remote bar exam.

Extegrity informed the jurisdictions it had been working with of this on July 27 and the @NCBEX on July 28. #barpocalypse 2/n

https://twitter.com/BarExamTracker/status/1291478956055629824

On August 4, a week after the @NCBEX learned that one of its 3 approved vendors did not believe that the remote exam was feasible as currently planned, NCBE Trustee/ NCBE's ABA House Delegate Bucky Askew opposed the discussion of/vote on @ABAhod Resolution 10G. #barpocalypse 3/n

This is @ABAhod Resolution 10G: americanbar.org/content/dam/ab….

@NCBEX Trustee Bucky Askew opposed both the discussion of the resolution (

https://twitter.com/JURISTnews/status/1290698202975481858

) and the resolution itself (

https://twitter.com/JURISTnews/status/1290700351511900165

) because it mentioned #diplomaprivilege as an option. #barpocalypse 4/n

@NCBEX Trustee Bucky Askew did not mention @extegrity’s withdrawal at any point during the discussion of @ABAhod Resolution 10G.

Some, like @law_djm, would later note that omission as "[c]learly relevant info to share." #barpocalypse 5/n

https://twitter.com/law_djm/status/1291488240403456002

The next day, August 5, at a @MiamiLawSchool panel, @NCBEX President @GundersenJudy was asked about whether #diplomaprivilege might be necessary by @drewdawson_law. #barpocalypse 6/n

Info on the panel: law.miami.edu/academics/powe…

Instead of addressing @drewdawson_law's question about #diplomaprivilege, @GundersenJudy spoke about the popularity of the remote bar exam. She similarly did not mention @extegrity’s withdrawal at any point.

Question begins at 1:11:02:

#barpocalypse 7/n

On August 6, after two days of assurances from the @NCBEX about the remote bar exam without once mentioning @extegrity's withdrawal, Extegrity released a statement about its concerns with the remote bar exam through @BarExamTracker. #barpocalypse 8/n

https://twitter.com/BarExamTracker/status/1291478956055629824

The CEO of @extegrity, who also co-founded @ExamSoft, would later tell @sfw70II that they made “a business decision based on [their] perception of risk” that they could not advocate for a remotely proctored bar examination. #barpocalypse 9/n abajournal.com/web/article/du…

The CEO of @extegrity also said “[w]e talked to experts, and the clear message was that for an ‘event’ type of exam, which the bar exam is, that wasn’t what remote proctoring was envisioned for." He said there hasn’t been sufficient time to develop or test... #barpocalypse 10/n

...the necessary technology for remotely proctored exams, and that “what you’d want to see is every single test run and exam day going off like clockwork, and they haven’t.”

We have to assume @extegrity told the @NCBEX about all of its concerns.

#barpocalypse 11/n

And yet, one week after @extegrity's statement through @BarExamTracker, @NCBEX President @GundersenJudy gave an interview to @KarenSloanNLJ that could very well come back and haunt her. #barpocalypse 12/n law.com/2020/08/13/i-u…

When directly asked by @KarenSloanNLJ if remote exams can succeed and what should happen if they do not, @GundersenJudy gave no specific details as to the measures being taken to ensure that the remote exam platforms were reliable... #barpocalypse 13/n

... and simply stated that she expected a “smooth exam” and would be surprised if there were issues “given all the good and thoughtful professionals who are working on this." @GundersenJudy then added, “Why don’t you interview me Oct[ober] 6.” #barpocalypse 14/n

Just 3 days after this interview was published, Florida was forced to postpone the #FLbarexam because it was not technologically feasible to remotely administer the bar exam using software from #ILGTechnologies. #barpocalypse 15/n law.com/dailybusinessr…

#ILGTechnologies was then dropped for the remote #NJbarexam, #ILbarexam, #ORbarexam, #TXbarexam, & #FLbarexam in favor of @ExamSoft, the only remaining software vendor.

Fun fact: the @TexasBLE didn't even read @ExamSoft's contract before making that decision. #barpocalypse 16/n

As a reminder, during the #MIbarexam, examinees couldn't access @ExamSoft's website or enter their exam for 30 minutes, causing panic. ExamSoft invited the @FBI to investigate what happened. #barpocalypse 17/n

https://twitter.com/ExamSoft/status/1288241360039010307

Dear Reader: we are 3 weeks from the exam, and the mock exams we have to take are not going like clockwork (as the @extegrity CEO suggested we should be seeing).

We don't know what happened in MI and we can't get @ExamSoft on the phone. #barpocalypse 18/n

https://twitter.com/ElikaZiaei/status/1305687702566658048

Despite the issues with the #MIbarexam, which had ~750 people, @ExamSoft and bar examiners (except those in NJ) have refused to do any further testing of the software before 30k-40k people will be using it simultaneously on October 5-6. #barpocalypse 19/n

https://twitter.com/KarenSloanNLJ/status/1301949867393085440

And in a fun new twist, @ExamSoft is now also being investigated by the Pennsylvania Attorney General for a potential data breach. #barpocalypse 20/n

https://twitter.com/_vectorist/status/1303404665007210497

@ExamSoft denies those breaches, of course.

But as @JosephPatrice noted: "[T]his is ExamSoft’s fault for failing to defend against whatever happened in Michigan and then hyping the result as a 'sophisticated attack..." #barpocalypse 21/n abovethelaw.com/2020/09/examso…

"...specifically aimed' at their software. They can’t credibly treat people as overreacting when ExamSoft claims they were hacked TWO MONTHS AGO. That’s exactly how you get thousands of nervous students terrified that KGB ninja hackers are out there trying..." #barpocalypse 22/n

"...to bust in through ExamSoft and it’s how you seed a panic."

And honestly, I think we've earned the right to panic. The brunt of remote exam administration failures falls disproportionately on us, the examinees. We know what's at risk here.

#barpocalypse 23/n

The @NCBEX and bar examiners knew/should have known that the remote bar exam was going to be a disaster. They let all of this shadiness go down and barely reacted to it.

We warned them that this was likely to be bad. We have largely been right in our warnings. #barpocalypse 24/n

And now today, 3 weeks before the bar exam, @extegrity is offering the @NCBEX and bar examiners one last life preserver: a platform for an open-book exam. #barpocalypse 25/n

https://twitter.com/extegrity/status/1305660251115585536

“The only issue I would see with the open-book request is whether the @NCBEX would object." - @barbrisims #barpocalypse 26/n abajournal.com/news/article/c…

#diplomaprivilege is still *THE* most fair and just choice, especially after all they've put us through.

But if they can't get past that then @NCBEX and bar examiners would be foolish not to do this (👀👀@il_bar & @illinoiscourts). #barpocalypse 27/end

https://twitter.com/molliejmcguire/status/1305690615125073920

a bit of théâtre de l'absurde, hope you enjoy @inspiredcat @jordanlcouch @MaybellRomero @brianlfrye @lawprofblawg @KorematsuCtr @420AttyChicago @adam_shniderman @ProfMellyH @DBRodriguez5 @BarExamTutor @tom_mcmasters @amaloney24 @CharlieDeMar

a bit of théâtre de l'absurde, hope you enjoy @ProfessorGriggs @SharonSandeen @samskolnik @smmarotta @msantoni @hkonnath @CarolinaBolado @mrmattfair @MarcKarlinsky @emmabgo @ZoomLawSchool @LeahLitman @chrisjennison