Earlier quoted context omitted.
I suspect there’s a strong case that universities are violating ADA and state equal-access laws if they’re using proctoring software that unfairly penalizes individuals with glasses, to say nothing of the issues raised by the potential of racially-biased AI. A few class action suits against state university systems might well be warranted.
Not defending Proctorio, but: As I understand it, the software results aren't directly used to penalize students. It just flags the situation for review by an actual human if the software doesn't have high confidence that the student is looking at the screen most of the time. That doesn't mean there isn't a violation here, of course.
Yes, that is exactly how it works (I TA for a class which uses it). Proctorio flags things it thinks are suspicious, and when we look at the video we usually find it was something innocuous (pets are a common culprit). We do find a few people actually cheating though so it definitely has its merits.