Summary of CDT Activities 1999 -- Work Plan 2000

January 2000

INTRODUCTION

The Internet has the potential to usher in an era of global democracy and communication without borders.

Open, decentralized, abundant, inexpensive, user-controlled and interactive, it is the first medium that allows anyone, anywhere to find or create communities of interest, to publish to audiences around the world, to engage in global commerce, and to participate in government and civil society across borders of time and distance.

Yet it is unclear how much of the Internet's democratic potential will be achieved. The "virtual" community of the World Wide Web exists within the context of very real social, political and economic conditions that threaten to impede its development.

Governments tout the Internet, but worry that it undermines their traditional authority. The private sector sees the economic potential, but remains uncertain about the technology's implications for competition and openness. Users bring their social aspirations to the Internet, but also their potential for antisocial behavior. Economic and racial barriers are reappearing in the form of a "digital divide."

In the wake of the digital revolution, society is now writing the constitution that will govern the Internet's future. The struggle to establish the rules of cyberspace is intense. Will the Internet be pluralistic and democratic? Will it be open? Will it enjoy a bill of rights that protects individual liberty, equality and privacy?

The Center for Democracy and Technology was founded in 1994 to ensure that democratic values and constitutional liberties are indeed a central feature of the new digital age.

With our unique mix of expertise -- in law, technology and public policy -- CDT works for practical, real-world solutions that enhance free expression, privacy, open access and democracy in the rapidly evolving global communications technologies.

CDT is dedicated to building consensus among all parties interested in the future of the Internet, finding common ground among activists, nonprofit groups, Internet businesses and government policymakers. Uniquely, we combine the roles of convenor, advocate and think tank. We believe that the Internet's constitution will be embodied not only in laws and court decisions but also in computer code and products. We are located in Washington, D.C., and have become a central participant in policy debates at the federal level, but also we are committed to building online resources and technical standards that implement the user empowerment vision of the Internet without government intervention.

The following pages offer an overview of our work. We invite you to join us.

Jerry Berman
Executive Director

Jerry Berman has been a leading public interest advocate for more than 25 years. From 1978-1988, he was chief legislative counsel of the American Civil Liberties Union, where he instituted and directed the ACLU's Project on Privacy and Information Technology. Prior to founding CDT, he was a director of the Electronic Frontier Foundation.

Berman led efforts to enact such landmark legislation as the Electronic Communications Privacy Act of 1986, and he coordinated the successful 1997 Supreme Court challenge to the constitutionality of the Communications Decency Act. In addition to his role as executive director of CDT, he is president of the Internet Education Foundation and chairs the Congressional Internet Caucus Advisory Committee.

PRIVACY, FREE EXPRESSION AND ACCESS: THE PILLARS OF INTERNET FREEDOM

PRIVACY

Whenever you use the Internet, you leave behind a trail of personal information about your interests and your habits of association, speech and commerce. This private data can be captured, used and even sold in ways that most individual users can't control and often don't even understand.

CDT is dedicated to developing policies and technology tools to help Internet users control the use of their personal information online.

Consumer Privacy

Our starting point is the belief that "online" life merits the same essential privacy protections as "offline" life: a degree of anonymity in certain activities; control over the use of information about our private lives; and confidentiality in our communications.

With that in mind, CDT works closely with both the public and private sectors to encourage sound data privacy policies on the Internet. CDT helped craft the first Internet privacy legislation protecting children online and then worked to ensure balanced regulations were adopted to implement it. We cooperate continuously with nonprofits, government, and industry to foster improved privacy practices and to tackle the "hard issues" entailed in specifying workable privacy protections for the Internet.

Recognizing that Internet privacy should be addressed from a consumer perspective, we have created online resources, including the "Privacy Watchdog," which empowers users to influence corporate decisions affecting privacy, and "Operation Opt-Out," a convenient means for consumers to learn about and exercise the options businesses offer them to get their names off marketing and solicitation lists. In 2000, we are working to create "GetPrivacyWise," a broader consumer resource bringing together, with private sector participation, the full range of privacy-enhancing tools and tips.

P3P

In many instances, an effective means of advancing democratic principles in the new media lies not in the law, but in the user-controlled potential of the technology itself. A leading example is the Platform for Privacy Preferences (P3P), which CDT has helped to develop in collaboration with the Internet Privacy Working Group and the World Wide Web Consortium.

P3P is a voluntary industry standard that provides a simple, automated way for users to determine how much of their personal information is disclosed, and for what purposes, when they visit online sites. We are currently grappling with a number of technology and public policy questions, to ensure that P3P is widely adopted and used to promote privacy.

Encryption

CDT supports the right of individuals and businesses to use strong encryption (encoding) technologies to protect the privacy of their online communications. Working with business and other privacy advocates, we achieved a breakthrough in January 2000 when the U.S. government lifted most controls on the export of strong encryption. The new policy ­ the culmination of years of effort educating policymakers on cryptography's role in protecting privacy and security online ­ is already making it easier for consumers all over the world to get strong encryption in the U.S.-designed products they use everyday.

More needs to be done. We are working to ensure that the reforms are fully implemented and broadened. And the online security debate has shifted, from export controls to government efforts to guarantee access to keys and plaintext, posing direct challenges to the privacy of communications and stored data.

Digital Fourth Amendment

Increasingly, the government is claiming the authority to dictate design of communications networks to facilitate interception or to protect critical infrastructures. CDT is at the forefront of legal and political challenges to intrusive government surveillance of networks, fighting, for example, at the Federal Communications Commission and in the courts against requirements that would turn wireless telephones into location tracking devices and provide the government access to communications without a court warrant meeting Fourth Amendment standards. And now, we are working against the extension of intrusive surveillance requirements to the Internet.

The privacy concerns posed by e-commerce and online activity have constitutional implications, since the vast amounts of information collected by businesses are available to the government, often with minimal due process. The Fourth Amendment's protection against unlawful searches should extend to the Internet as well as the home. Yet privacy is at risk today when information is held by third parties and stored on servers or networks outside a user's control, for the law has not kept pace with ongoing developments in technology. The maze of differing legal standards for access to data -- during transmission, while held by third parties, or when stored on networks -- needs to be revised and updated. This effort involves Administration officials, key policymakers in Congress, industry, public interest groups and academics representing a diversity of perspectives.

FREE EXPRESSION

CDT champions the right of individuals to communicate, publish and obtain the widest possible array of information on the Internet. We work to protect Internet users from government censorship and other threats to the free flow of information.

Content Restrictions

In the face of ongoing Congressional and international efforts to regulate and censor the Internet, CDT is leading the fight to promote user empowerment, rather than legislation or one-size-fits-all industry codes, as the least restrictive and most effective method to protect children while still respecting First Amendment freedoms.

CDT was instrumental in overturning the censorship provisions of the Communications Decency Act at the U.S. Supreme Court in 1997. But new legislation has since been passed, and further mandates are under consideration in the U.S. and internationally. Therefore, CDT is continuing to work to persuade Congress, the courts, participants in congressionally-mandated studies underway, policymakers at the state level, and others at home and abroad, including those in industry who would take on the role of gatekeeper, that the growing diversity of tools and resources allowing parents to control material coming into the home offers the best means to provide children with a positive online experience, without curtailing free expression.

GetNetWise

To make these voluntary, user-controlled tools more readily available, CDT worked closely with Internet companies to develop GetNetWise, a Web-centered resource that gives parents and other caretakers ready access to a wide range of tools to protect children from inappropriate material. GetNetWise.org includes a searchable database of over 110 user empowerment products, consumer information explaining how the tools work, information on recognizing and reporting online trouble, an online safety guide, and pointers to good sites for kids and families.

The companies involved in GetNetWise include eight of the Internet's ten most visited sites, as well as thousands of additional highly-trafficked Web pages. These participants provide links to GetNetWise.org, mirror the central resource's content, or provide content of their own that is the functional equivalent of the central resource. The end result is an unprecedented degree of reach -- when the project is fully implemented, about 95% of Internet users will view Web sites including GetNetWise content each month. We are continuing to expand and invigorate GetNetWise as a regularly-updated resource and demonstration of the user empowerment model

ACCESS

CDT is dedicated to a vision of the Internet as a decentralized network with no gatekeepers and few regulations. To preserve the Internet's diversity, it is critical to ensure that all users have a wide range of choices in getting access to the Internet.

Broadband Access

Communications companies are investing heavily in improving the delivery of high-speed or "broadband" Internet access, promising vast improvements in the speed and range of Internet services. As the U.S. Supreme Court said in its landmark decision in Reno v. ACLU, "the content on the Internet is as diverse as human thought." CDT has undertaken a major project to ensure that the principles established in the Reno case continue to thrive as broadband technologies come to the Internet.

The broadband access project is looking at all forms of broadband access that are emerging as ways to reach the Internet, including cable modems, digital subscriber lines, satellites and terrestrial wireless systems. Working closely with a broad cross-section of the Internet, computer and communications industries, as well as consumer groups and other interested parties, CDT is developing a comprehensive and balanced assessment of the future course of the technology.

INTERNET GOVERNANCE

The code, architecture and governance policies of the Internet have the potential to broadly impact the rights of individual Internet users and the future of the Internet as a democratic medium.

Domain Names

The assignment of Internet domain names ­ the addresses of cyberspace ­ could serve as a central point for controlling who gets access to the Internet and under what identity. Governance of the domain names system has been removed from control of the U.S. government, opened to competition and given over to supervision by a private corporation (ICANN) intended to represent the interests of all Internet users worldwide. With the first-ever global election for ICANN's board of directors moving forward amid concerns about its structure and legitimacy, the ICANN process has lacked sufficient participation from the public interest community. CDT has embarked on a project to ensure the public interest is represented in this process and to develop a set of procedural and substantive recommendations for ICANN.

Standards Bodies

Much of the constitution of the Internet is embodied not in law, but in computer code. In order to promote democratic values online, we must work with the engineers and software developers designing the Internet. Building on our longstanding and productive relationship with the World Wide Web Consortium, CDT is seeking to expand its participation in other standards setting bodies, including the Internet Engineering Task Force, where we will advocate for privacy, user control and openness as design criteria.

DEMOCRATIC PARTICIPATION

The Internet has a unique potential to revitalize democratic participation.

Political Advocacy Online

Individuals are finding the Internet the perfect medium for political organizing and advocacy ­ inexpensive, interactive, abundant and user-controlled. But the Internet's potential to revitalize electoral politics could be stifled by rigid application of the campaign finance laws, which were designed for the scarce, expensive and gatekeeper-controlled media of radio and TV. CDT is working to educate the Federal Election Commission and other policymakers on the unique nature of the Internet and the need to avoid regulation of individuals' political advocacy online.

Access to Government Information

Many government agencies have failed to take full advantage of the Internet to make documents available to the public. In partnership with other public interest organizations, CDT is working to maximize the participatory potential of the Internet. We have launched the "10 Most Wanted" campaign, an effort to encourage all three branches of government to make available online documents sought by researchers, activists and ordinary citizens and we are working to make the electronic Freedom of Information Act a reality.

INTERNATIONAL ACTIVITIES

A global medium requires global activism. The Internet is particularly suitable to the promotion of pluralism, freedom of expression and access to public information, yet nations around the world are seeking to control it.

CDT participates in international advocacy and coalition-building on Internet freedom, promoting democratic values in international forums. Working through the Global Internet Liberty Campaign, we issued a major report, "Regardless of Frontiers: Protecting the Human Right to Freedom of Expression on the Global Internet," and "Bridging the Digital Divide," an extensive survey of Internet access in Central and Eastern Europe. CDT staff have served as expert advisers to the international Organization for Economic Cooperation and Development (OECD) on privacy and free expression issues.

HOW CDT WORKS

Developing Creative Strategies and Solutions

Consistent with our vision of the Internet as a unique medium, CDT is not content merely to recycle traditional civil liberties analyses. Rather, we work to develop innovative strategies and solutions suited to the digital age. In the area of free speech, we originated the user empowerment theory, which promotes the user controlled nature of the technology as an effective alternative to government regulation. This proved to be pivotal in the Supreme Court's decision in the landmark case declaring unconstitutional Congress' effort to regulate expression on the Internet.

To make the user empowerment vision more of a reality, we have created the online GetNetWise resource, using the Internet's inherent characteristics to address policy problems. Likewise, we conceptualized the Platform for Privacy Preferences (P3P) and then worked through the Internet standards setting processes to develop it. P3P allows Net surfers and content providers to agree on standards for the use of personal information.

Building Effective Coalitions

CDT believes in the power of coalitions. We are distinguished by the breadth of our coalitions. For example, the Citizens Internet Empowerment Coalition, which we organized and which was instrumental in the Supreme Court case declaring the Communications Decency Act unconstitutional, was composed of Internet users, librarians, publishers, online service providers, software companies, computer manufacturers, and civil liberties groups.

CDT coordinates ongoing working groups covering online privacy, digital security and free expression (user empowerment). These are forums for the exchange of information and for the development of consensus solutions to policy problems. In these working groups as well as in ad hoc meetings and forums, we have the credibility to bring together corporations and trade associations, consumer and privacy advocates, government officials, and academic experts for dialogue and consensus building.

CDT also has a major role in coordinating the work of the nonprofit Internet Education Foundation (IEF) to educate Congress and the broader public about Internet issues. IEF has sponsored ten Congressional Internet Caucus events and "America Links Up," a campaign to help parents and schools give kids a safe and educational Internet experience without impairing the free flow of information.

Research and Writing

CDT believes in the power of research and writing to shape policy. For example, to explain the dangers of government proposals to require "backdoors" in encryption products, we assembled eleven of the world's leading cryptographers, who produced a landmark study entitled "The Risks of Key Recovery, Key Escrow, and Trusted Third Party Encryption." This authoritative report, updated in 1998, has proven highly influential among policymakers in the US and abroad. With it, we helped block an FBI proposal for domestic encryption controls. Our "Square Pegs and Round Holes" report, warning of the dangers of regulating under the campaign finance laws the online political advocacy of individuals, galvanized the public interest community and grassroots activists, and was favorably cited by at least one member of the Federal Election Commission as persuasively demonstrating the need to treat the Internet differently.

Educating Policymakers

CDT works closely with members of Congress and their staffs on a wide range of Internet issues. We testify at hearings, produce background materials and hold briefings. CDT also chairs the Internet Caucus Advisory Committee, a panel of industry and nonprofit leaders that advises the more than 120 members of the Congressional Internet Caucus.

CDT is a highly respected voice for Internet users within the Administration and throughout Federal agencies. We are in frequent contact with leading policymakers and regulators at the White House, the Federal Communications Commission, the Federal Trade Commission and the Commerce Department, who regularly call on our policy and technical expertise.

Mobilizing Grassroots Participation

CDT has revolutionized civic involvement by pioneering the use of the Internet for grassroots advocacy. A CDT online database allows Internet users to gain instant access to the voting records of their Congressional representatives. Our "Adopt Your Legislator" program offers "netizens" the opportunity to make their voice regularly heard by their elected representatives in Washington. We create other resources that open up the policy process to individual participation. For example, our online "action" in connection with the Federal Election Commission's inquiry on political speech on the Net generated hundreds of informed comments, winning praise from the respected PoliticsOnline newswire.

The core of CDT's grassroots effort is our "Digital Democracy" project. The goal is to develop an ongoing information exchange with 10,000 to 20,000 informed activists, who share CDT's goals and will work with us to educate policymakers and legislators.

Educating and Empowering the Public

CDT is regularly cited in the media as an Internet opinion leader. Through our Web site and in print, we publish reports, memos and briefing materials on a wide range of Internet policy issues. Articles by CDT staff appear in a range of publications; several longer pieces in law journals have proved highly influential. Our staff speak frequently at conferences and seminars on a wide range of legal, policy and political issues involving technology, society and civil liberties.

We provide user-friendly web resources like GetNetWise and GetPrivacyWise, the "CDT Guide to Online Privacy," the "CDT Privacy Quiz," "Policy Posts" and our regularly updated guide to "Legislation Affecting the Internet." CDT's "Privacy Watchdog" encourages consumers to monitor and report the degree to which companies respect privacy on the Web. "Operation Opt-Out" offers online forms and addresses consumers can use to take their names off marketing lists.