Democratic Values for a Digital Age

First Annual Report
and 1996 Work in Progress

March 1996

Executive Summary

• Overview
• CDT's 1996 Agenda
• CDT's Key Accomplishments In 1995

Interactive Working Group (IWG)

• 1996 IWG Activities
• 1995 IWG Accomplishments

The Digital Privacy and Security Working Group

• 1996 DPSWG Projects
• 1995 DPSWG Activities

The Privacy Forum

• The Privacy Forum 1996 Activities
• The Privacy Forum's 1995 Transactional Privacy Activities

Digital Access Coalition

World Internet Freedom Project

CDT Special Projects

CDT Staff

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Executive Summary

Overview

CDT's 1996 Agenda

• Constitutional Challenge To Online Indecency Restrictions: CDT, along with the American Library Association, America Online, People for the American Way, representatives from CDT's Interactive Working Group (IWG), and others, filed a lawsuit in mid-February challenging the constitutionality of the content regulations imposed on interactive communications media in the recently enacted Telecommunications Reform Act. Filed under an expedited appeal process, the lawsuit will reach the Supreme Court and is likely to establish the First Amendment legal doctrine for the Internet.
  
  Because of its critical importance, CDT, together with AOL and ALA, organized the Citizens Internet Empowerment Coalition (CIEC) made up of 37 organizations and users of the Internet to take part in the litigation and educate the judiciary about the nature of the Internet. The CIEC lawsuit highlights the distinct nature of interactive media, and argues that the First Amendment policy regime designed for broadcast mass media, when applied to the Internet, is unconstitutionally restrictive given the tremendous user control inherent in interactive communications technologies. CDT is working with Jenner and Block's Bruce Ennis, lead attorney in the litigation, to develop the constitutional challenge to the indecency restrictions. CDT is also organizing expert testimony and technical expertise for the litigation to establish the ready availability of user control technologies on the Internet.
  
  
• IWG Projects On User Empowerment And Vicarious Liability: The Interactive Working Group is working to educate the communications industry, Congress, the Federal Communications Commission, and the Administration on the adoption and implementation of PICS (Platform For Internet Content Selection) and other user control technologies as an alternative to content regulations. CDT staff serves on the PICS Steering Committee.
  
  The IWG, which includes representatives from both the online services and content providers, will also serve as a forum to address liability issues in the context of the debate over intellectual property law.
  
  
• Developing An Alternative National Cryptography Policy That Works Globally: The Digital Privacy and Security Working Group (DPSWG) will develop recommendations for a comprehensive alternative national cryptography policy. The DPSWG will emphasize the immediate need for the elimination of cryptography export restrictions, and press for policy and market solutions that protect free speech and privacy, and ensure network security and competitiveness in the Global Information Infrastructure.
  
  In the spring of 1996, the DPSWG will mount a high visibility public education campaign, including open hearings in California and Washington DC, to inform the public and members of Congress about the pressing need for an alternative cryptography policy.
  
  
• Creating A Marketplace For Privacy In Interactive Media: The Privacy Forum, a consortium of industry representatives and public interest and consumer advocacy organizations, is working to develop policy options and workable standards to empower individuals to exert more control over the disclosure of personal transactional information, and to create a "market" for privacy enhancing applications.
  
  In an effort to promote the development of privacy solutions, CDT will utilize our popular World Wide Web site to demonstrate the extent of personal transactional information generated in the course of browsing our site. The demonstration will also highlight potential mechanisms to enhance individual control over the collection of personal information. CDT will create an online privacy resource center to showcase government recommendations and policies, existing privacy policies in use by online services and content providers, and related research and scholarship. Through its resource center and demonstration site, CDT hopes to facilitate a public discussion towards identifying and developing various models for enhancing privacy and individual choice online.
  
  
• Encouraging Affordable, Nation Wide, High-Speed Access To The Internet: CDT will organize the Digital Access Coalition (DAC), comprised of commerce, education, and library groups, together with small businesses and high technology industry leaders, to make the case for rapid ISDN deployment under affordable pricing structures.
  
  
• Establishing Basic Free Expression And Privacy Rights For The Global Internet Community: CDT is launching a World Internet Freedom Project (WIF), to establish awareness for the need for basic free expression and privacy rights for Internet users around the world. Working with the Soros Foundation, human rights organizations, online service providers, and content providers, the WIF will seek workable solutions to the increasingly aggressive efforts of foreign governments to regulate online communications.

CDT's Key Accomplishments In 1995

• Advocating a New Policy Framework For The Internet And Interactive Media Based On First Amendment Principles: In 1995, CDT established the Interactive Working Group (IWG), an ad hoc coalition of over 85 public interest organizations and communications companies. Recognizing the unique nature of the Internet to foster individual control over content and the free flow of information, the IWG works to develop practical policy options to government content regulations.
  
  The IWG played a critical role in urging Congress to extend constitutional First Amendment principles applicable to print media to the Internet, opposing legislative attempts to impose content regulations on the Internet and commercial online services (e.g., the Exon/Coats "Communications Decency Act"). Although indecency restrictions were included in the Telecommunications Reform Act, CDT and the IWG laid the foundation for mounting a challenge to the constitutionality of the restrictions. The IWG successfully fought to limit vicarious liability for online service providers who merely transmit materials created by their subscribers.
  
  
• Advancing Communications Privacy And Network Security: CDT's Digital Privacy and Security Working Group (DPSWG), a coalition of over 50 public interest organizations and representatives from the computer and communications industries, is a leading voice in the effort to develop a cryptography policy based on core First Amendment and privacy principles, which ensures network security and competitiveness in the Global Information Infrastructure.
  
  In a November 1995 letter to Vice President Gore, over 40 DPSWG members criticized the Clinton Administration's latest cryptography policy proposal. The DPSWG pledged to undertake a comprehensive fact finding and information sharing process to develop an alternative cryptography policy that works globally.
  
  
• Exploring Policies To Protect The Privacy Of Personal Online Transactional Information: CDT's Privacy Forum, a consortium of public interest organizations and leading corporations working to address information privacy issues, is engaged in a process to develop comprehensive guidelines to protect the privacy of personal transactional data.
  
  Re-examining Policies Underlying Disclosure of Personal Information from Public Records: In 1995, CDT's Privacy Forum completed its examination of the existing policies underlying public records laws, culminating in a full-day consultation attended by over 50 representatives from First Amendment and privacy organizations, and information, communications and computer industries. The increased ability to collect, store and transmit data in digital media raise new wrinkles for rules governing public records. The consultation focused on the heightening tension between the private sector's need for access to public records and the growing privacy concerns over disclosure of personal information in the interactive, digital, information environment. A Forum-commissioned "white paper" served as the foundation for the consultation.
  
  
• Grass-Roots Organizing And Public Education: CDT is pioneering the use of the Internet to conduct unique and effective grass-roots public education campaigns. CDT's online organizing efforts have helped to establish an informed, active constituency on the Internet.
  
  As part of CDT's yearlong online campaign against the "Communications Decency Act," over 115,000 Internet users signed an online petition in support of Senator Leahy's alternative legislative proposal. CDT organized a National Day of Protest on December 12, 1995, which generated over 20,000 phone calls, faxes, and email messages to Congress in opposition to the online 'indecency' regulations. CDT also spearheaded the "Black Thursday Protest" during which nearly 2000 World Wide Web pages were turned black to illustrate the far reaching impact of the 'indecency' provisions for 48 hours after President Clinton signed the Telecommunications Reform Act into law.
  
  CDT's World Wide Web site was rated among the top 5% of sites on the Web by Point Survey; "Best of the Web" by 2ask Survey; and received 3 out of 4 stars from NetGuide Magazine. CDT's site is widely recognized as the leading source for information on public policy issues affecting civil liberties online.

The Interactive Working Group

1996 IWG Activities

• Constitutional Challenge To Online Indecency Restrictions: CDT, along with the American Library Association, America Online, People for the American Way, representatives from CDT's Interactive Working Group (IWG), and others, filed a lawsuit in mid-February challenging the constitutionality of the content regulations imposed on interactive communications media in the recently enacted Telecommunications Reform Act. Filed under an expedited appeal process, the lawsuit will reach the Supreme Court and is likely to establish the First Amendment legal doctrine for the Internet.
  
  Because of its critical importance, CDT, together with AOL and ALA, has organized the Citizens Internet Empowerment Coalition (CIEC) made up of 37 organizations and users of the Internet to take part in the litigation and educate the judiciary about the nature of the Internet. The CIEC lawsuit highlights the distinct nature of interactive media, and argues that the First Amendment policy regime designed for broadcast mass media, when applied to the Internet, is unconstitutionally restrictive given the tremendous user control inherent in interactive communications technologies.
  
  CDT is working with Jenner and Block's Bruce Ennis, lead attorney in the litigation, to develop the constitutional challenge to the indecency restrictions. CDT is also organizing expert testimony and technical expertise for the litigation to establish the ready availability of user control technologies on the Internet.
  
  
• IWG Project On User Empowerment: The Interactive Working Group will work to educate the communications industry, Congress, the FCC, and the Administration on the adoption and implementation of PICS (Platform For Internet Content Selection) and other user control technologies as an alternative to content regulations. CDT believes that blocking, filtering and rating server standards being developed through the PICS process present a compelling case that the least restrictive means to protect children from harmful material is through such parental-controlled blocking, not intrusive, bureaucratic and unconstitutional government censorship. CDT is on the Steering Committee of PICS.
  
  The IWG, which includes representatives from both the online service provider and content provider industries, will also serve as a forum to address liability issues in the context of the debate over intellectual property law.
  
  
• Access Provider Liability Policy Development And Research: Excessive imposition of vicarious liability on Internet access providers threatens to stifle the free flow of information and is contrary to constitutional free speech and privacy principles. Yet, in areas such as defamation and intellectual property rights, the law is evolving toward dangerous imposition of liability on access providers. Though CDT has no desire to overturn basic intellectual property protection, or to prevent proper recovery under tort law, we believe that such imposition of liability threatens the core of the Internet.
  
  CDT will undertake basic research and exploration of policy alternatives in order to identify possible policies which provide clear and appropriate legal frameworks for the operation of access providers. This research will involve consultation with IWG participants supported by legal and policy background papers prepared by CDT staff.

1995 IWG Accomplishments:

• Advocating A New Policy Framework For The Internet And Interactive Media Based On First Amendment Principles: The IWG worked to develop constitutional, practical policy options to government content regulations that recognized the unique nature of the Internet to foster individual control over content and the free flow of information.
  
  The IWG played a critical role in the debate over Congressional attempts to impose unconstitutional content regulations on the Internet and commercial online services (e.g., the Exon/Coats "Communications Decency Act"). In addition to urging Congress to extend constitutional First Amendment principles applicable to print media onto the Internet, the IWG successfully fought to limit vicarious liability for online service providers who merely transmit materials created by their subscribers.
  
  
• Working Group Report on Technology and Policy Alternatives for Interactive Media: IWG produced a comprehensive report on the case for a policy framework for interactive media based on the democratic values of freedom of speech and the free flow of information, including a overview on the availability of user control technology, the state of current law, and the legal and policy issues raised by legislative efforts to impose content regulations on interactive media. The study was distributed to members of Congress and the press in July, 1995.
  
  
• Demonstration of User Empowerment Technologies: IWG educated public and government officials on the availability of less restrictive alternatives to government content regulations, including user control technologies. IWG, working with the Interactive Services Association (ISA), presented a technological demonstration for members of Congress, their staff, and the press of user control technologies by America Online, Prodigy, SurfWatch, Netscape and Webster Network Strategies on July 17, 1995. The demonstration was instrumental in making the case for the Cox/Wyden approach, and received considerable press attention nationwide.
  
  
• Public Education, Grass-Roots Activism in Support of IWG Goals: CDT undertook a massive Internet based grass-roots public education campaign, including an online petition drive which yielded over 115,000 signatures in opposition to government-imposed content regulations and in support of the Cox/Wyden/White amendment. CDT's online organizing efforts helped draw public and media attention to the issue.
  
  
• Publications: CDT Executive Director Jerry Berman and Deputy Director Daniel Weitzner's article Abundance and User Control: Renewing the Democratic Heart of the First Amendment in the Age of Interactive Media, was published in the Yale Law Journal in May, 1995. The article makes the case for a high level of First Amendment protection for interactive media.

The Digital Privacy and Security Working Group

1996 DPSWG Projects:

• The DPSWG Cryptography Policy Project: DPSWG is developing recommendations for an alternative national cryptography policy that will provide strong privacy and security for users and meets the demands of a competitive global marketplace. Following through on the commitment made in its November, 1995 letter to Vice President Gore, DPSWG will hold a series of forums, and engage in a broad public education campaign about the need for widely available strong cryptography on the GII. Activities for 1996 include:
  
  
  • Briefing for the American People: This Spring, the DPSWG will host a "Briefing for the American People" focusing on the need for a comprehensive national cryptography policy. This high visibility event, which will include presentations from industry leaders, cryptography experts, and public interest advocates, will launch DPSWG's public education campaign.
    
    
  • DPSWG Cryptography Summit: This Summer, DPSWG will bring together leading experts from across industry and the public interest community for a Cryptography Policy Summit, to exchange ideas on the direction of cryptography policy and develop a strategy for providing better privacy and security on the GII.
    
    
  • White Paper on Encryption Policy: In Fall 1996, DPSWG will release "A White Paper on Encryption: The Case for a Comprehensive Cryptography Policy," summarizing the findings of the DPSWG Summit and presentations made at the March "Briefing for the American People." The "White Paper" will serve as the basis for DPSWG's recommendations for an alternative cryptography policy.
    
    
  • Legislative Activities: As Congress considers legislation to address the lack of a comprehensive national cryptography policy, DPSWG stands ready to play a leading role in the process to ensure that the principles of free speech and privacy, as well as network security and competitiveness on the GII, are addressed.
    
    
• Public Accountability over FBI Electronic Surveillance Authority: The DPSWG is closely monitoring the implementation of the 1994 Communications Assistance For Law Enforcement Act to ensure that The Act's public accountability mechanisms are fully utilized and its new privacy protections are strictly enforced. DPSWG is leading the effort to ensure that the FBI provides historical justification for its proposed surveillance capacity request, and is working with Senator Leahy (D-VT) and other concerned members of Congress to ensure that the public is able to assess the reasonableness of the FBI's request before funding to implement the requirements is appropriated.

1995 DPSWG Activities:

• Developing an Alternative National Cryptography Policy: Throughout 1995, DPSWG worked to mobilize the public interest community and the computer and communications industry towards developing an alternative national cryptography policy that satisfies the need for individual privacy and network security, and will meet the demands of a competitive global marketplace.
  
  Towards this end, in November 1995, over 40 DPSWG members, companies, trade associations, and public interest groups wrote to Vice President Gore criticizing the Administration's current approach to cryptography policy. The coalition pledged to undertake a process to develop recommendations for a more comprehensive cryptography policy to be presented to the Administration, Congress, and the public this year.
  
  
• Ensuring Public Accountability over FBI Electronic Surveillance Ability: In 1995, DPSWG also worked to ensure public accountability over FBI electronic surveillance ability granted under the Communications Assistance for Law Enforcement Act (CALEA). Public accountability is essential in protecting privacy and ensuring reasonable cost recovery. In October, 1995, the FBI announced its first proposed surveillance capacity requirements notice, as required by CALEA. DPSWG members, in their comments on the FBI's notice, all stressed the importance of public accountability and disclosure of the basis for the FBI's request.

The Privacy Forum

The Privacy Forum's 1996 Activities:

• Creating a Record of Privacy Policies and Promising Technologies: Foremost on the Forum's agenda is the creation of a factual, public record on transactional information privacy. Before the Forum can develop strategies for advancing individual privacy and control over personal information, it must first educate its members and the public as to the existing privacy policies, the technological capacity of the systems under consideration, and the strengths, weaknesses, and gaps of each.
  
  
  • Privacy Policy Clearinghouse: CDT, on behalf of the Privacy Forum, is soliciting privacy policies from: online service providers; commercial sites, political sites, non-profit sites and personal sites on the World Wide Web; Usenet; private and public Internet providers; traditional telecommunications carriers; and cable companies.
    
    
  • Analysis of State Activities: The Privacy Forum will work closely with a leading expert in privacy issues and online activities to review and comment upon activities at the state level, including pending legislative proposals and regulatory activity.
    
    
  • Analysis of the European Union's Data Protection Directive: The Forum, in collaboration with a leading privacy expert, will review the European Union's Data Protection Directive and U.S. privacy laws to examine the current policies and practices governing the generation, collection, and use of personal transactional information online. CDT is participating with Privacy & American Business' Global Privacy Policies Project to foster the implementation of policies consistent with the recent mandate of the Directive.
    
    
  • Technology Review: Through a series of technology demonstrations, the Privacy Forum will create a record of existing technological mechanisms that encourage user control over the flow of information.
    
    
  • Privacy Forum Compendium on Transactional Privacy: The Forum will publish the product of its public education efforts in a compendium on transactional privacy. The review will be made available in both paper form and electronically via CDT's World Wide Web Privacy Demonstration Site.
  
  
• Developing Models for Fair Information Practices in the Online Environment: Through an intensive and inclusive process of investigation and discussion, the Forum seeks to identify and develop model policies and technological mechanisms that translate fair information practices for the online world. The Forum will use its Compendium on Transactional Privacy as the starting point. A series of public consultations, policy briefings, technology demonstrations and one-on-one meetings between CDT staff and Forum members will inform the Forum's process. The proceedings of all Forum activities will be summarized, annotated, and made publicly available as a single volume.
  
  
  • Consultations: The Privacy Forum will hold three consultations in 1996 and 1997 on transactional privacy. Consultations will be open to the public and effort will be made to attract a wide cross section of the public interest community, online service providers, software developers, and individuals who maintain sites on the World Wide Web.
    
    
    • First Consultation: At its first consultation, to be held in April, 1996, the Forum will present the product of its search for existing privacy policies in interactive communications media. The Consultation will be the focus of a productive, factually based discussion of existing policies. The goals of the Consultation will be to compare and contrast existing policies, where possible to identify "best policies," to create a record of significant gaps in approaches and policies, and to discuss the strengths and weaknesses of existing policies.
      
      
    • Second Consultation: The Forum's second consultation will highlight policies that advance individual privacy, choice and the free flow of information through technological mechanisms that take advantage of the unique characteristics of interactive media. Building upon the "best policies" identified during the first consultation, the Forum will seek to establish Fair Information Models for use in the online environment. Two White Papers, one prepared by CDT in collaboration with the Institute for Public Representation, and another by the Interactive Services Association presenting models for enhancing privacy and choice online, will serve as additional background for the consultation.
      
      
    • Third Consultation: The third consultation will focus on implementation issues surrounding fair information practices and privacy policies. The growing number of intermediaries and the distributed nature of interactive communications media, raises new wrinkles for applying fair information and privacy policies. For example, it is unclear who is responsible for notifying a user of policies, how agreements are passed on to those involved in a transaction, and who is responsible for breaches of policy. The third consultation will seek to identify and explore these issues.
      
      
  • Technology Demonstrations and Briefings: Unique characteristics of interactive communications media such as increased user control, real-time communication, and ease of individualizing systems, have the potential to enhance individual privacy through increased control over the disclosure, generation, collection and use of personal information. Through timely demonstrations and briefings, the Forum will seek to keep its members and the public up-to-date on new developments within the privacy field as well as those in other areas that may be adapted to advance fair information practices and privacy.
    
    
• Public Education - Interactive World Wide Web Privacy Demonstration: CDT is creating a demonstration project to make visible the extent of personally revealing transactional information generated by individuals in the normal course of browsing CDT's site. The demonstration will serve to illustrate the extent of information that may be revealed to CDT, as well as third parties, and potential ways to facilitate individual control over the collection of such information.
  
  
• Public Dialogue: CDT is continuing to engage in constructive dialogue with others interested in advancing privacy in interactive communications media. CDT is continuing to work closely with the Federal Trade Commission on its Privacy Initiative and with the NTIA as it attempts to apply its Principles for Providing and Using Personal Information to various sectors.
  
  
• Scholarship: CDT staff will complete and seek to publish an article on Privacy in the Interactive Age.

The Privacy Forum's 1995 Transactional Privacy Activities

• The Forum's 1995 activities created a foundation on which to launch a collaborative dialogue between the public and private sector for exploring transactional privacy issues in interactive media. On December 12, 1995, the Forum held its first Policy and Technology Briefing to explore transactional privacy issues. Participants in the December Briefing raised a number of critical points that will inform our future activities:
  
  
  • Advances in technology increase the magnitude of risk to individual privacy. Shabbir Safdar of Voters Telecommunications Watch, noted that numerous entities touch information flowing between any two points on the Internet and each entity has the potential ability to capture, store and reuse transactional data.
    
    
  • Questions regarding the generation, storage, and use of personal transactional data. While there was consensus that the distinction between the content of a communication and the transaction data generated by that communication is blurring, the policy direction this observation takes us in is unclear. One participant noted that the recently enacted Communications Assistance for Law Enforcement Act (Pub. Law 103-414, October 1994), with its increased legal barriers to government access to transaction data, signals that the private sector's use of this data is likely to come under increased scrutiny.
    
    
  • Private sector and non-profit users of the Internet share a deep commitment to protecting privacy. Clear rules are seen as essential to building strong consumer trust and confidence. However, Link Hoewing, from Bell Atlantic, and others cautioned that privacy policies already in place in the telecommunications arena may not easily translate into interactive environments, and that the fragmented, ad hoc policies that regulate various industries differently are raising sticky problems as media applications continue to converge, blurring what were once meaningful distinctions.
    
    
  • Executive branch and other activities are increasing the urgency with which privacy issues posed by interactive media must be addressed. In 1995, the Federal Trade Commission launched a Privacy Initiative designed to protect consumers in the emerging high-tech, global marketplace; the NTIA released a report that concluded the private sector must implement privacy standards or face a legislative mandate (the privacy equivalent of Senator Exon's online indecency bill); the European Union finalized its data protection directive which threatens to impede the flow of personal information across national borders if adequate privacy standards and enforcement mechanisms are not in place.
    
    
  • Interactive media offer enormous potential to advance privacy interests by empowering people to exert greater control over their personal information. As Jerry Berman of CDT pointed out, many of the recently developed filtering devices that enable individuals to control information they receive, offer a potentially powerful model for empowering users to exercise increased control over personal information they disclose. In this context, privacy interests must develop consistent with the free flow of information and other fundamental interests.
    
    
  • Interactive Media can facilitate greater user control over personally identifiable information online. Echoing a recent NTIA report, Janlori Goldman of CDT concluded that interactivity may make possible greater individual participation in personal information choices, however a collaborative exploration of the full range of policy and technical options is needed to seek solutions.
  
  
• Re-examining Policies Underlying Disclosure of Personal Information from Public Records: In 1995, CDT's Privacy Forum completed its examination of the existing policies underlying public records laws, culminating in a full-day consultation attended by over 50 representatives from First Amendment and privacy organizations, and information, communications and computer industries. The increased ability to collect, store and transmit data in digital media raise new wrinkles for rules governing public records. The consultation focused on the heightening tension between the private sector's need for access to public records and the growing privacy concerns over disclosure of personal information in the interactive, digital, information environment. A Forum-commissioned "white paper" served as the foundation for the consultation.

Digital Access Coalition

• Public/Private Coalition: The DAC plans to bring together all who stand to benefit from widely available, affordable ISDN service in order to advocate for reasonably-priced offering. Such a coalition -- including schools, libraries, small businesses, community economic development groups, and large and small high-tech multimedia firms -- represent a powerful force for stating the need for ISDN. With strong ties to the consumer movement and the high technology sector, CDT is uniquely positioned to build such a coalition.

• Outreach: Invite interested parties from the public and private sector to join the DAC efforts.
  
  
• Policy Paper and Model Tariff Development: The keystone of the DAC's advocacy effort should be a policy paper presenting the case for affordable ISDN and economic analyses that demonstrate that low-price tariffs are economically reasonable. Such a paper will give DAC members a common message and provide Public Service Commissions a rationale for progressive tariffing decisions.
  
  
• Coordination with FCC ISDN Activities: The Federal Communications Commission has shown a keen interest in promoting affordable ISDN around the country. Thus, the DAC has an opportunity to work with the Commission to help promote ISDN awareness.
  
  
• Public Education: Promoting awareness of the value of ISDN in the popular and trade press will be an essential component of DAC activities.
  
  
• Consultation with Local Telephone Companies: At least some of the Regional Bell companies have a genuine interest in promoting ISDN at mass market pricing. Moreover, these companies have expressed an interest in developing consensus pricing approaches that satisfy the needs of consumers and avoid unproductive, costly regulatory battles.

World Internet Freedom Project

CDT Special Projects

• Health Information Privacy: CDT is committed to enhancing and preserving information privacy during the transformation to a health information infrastructure. CDT is working to ensure that strong, enforceable privacy policy is in place to guide the design and implementation of health information systems.
  
  
  • National Policy: In October, 1995, Senators Bennett (R-UT) and Leahy (D-VT) introduced the Medical Records Confidentiality Act (S.1360). The introduction of S.1360, the strongest and most comprehensive health privacy legislation ever considered by Congress, is a key milestone in CDT's effort to press for a policy that protects the privacy of personal health information.
    
    In November, 1995, CDT testified in support of S.1360 before the Senate Committee on Labor and Human Resources. The Senate plans to take action on the bill in spring, 1996. CDT has been asked to testify in March, 1996 on a similar House measure.
    
    A CDT-initiated working group of civil liberties and patients' rights groups, along
    with representatives of the health, information, and communications industry, will continue to press for the strongest, most effective health information privacy policy. Georgetown Law School's Federal Legislation Clinic is providing CDT with legal assistance in this activity.
    
    
  • State Health Information Systems: CDT continues its hands-on involvement with a number of Community Health Information Systems sites (CHMIS). With the support of the Hartford Foundation and the Foundation for Health Care Quality, CDT provides policy and technology expertise to the CHMIS sites on privacy, confidentiality and security issues. The Center's work with the CHMIS sites includes assisting state legislative efforts to protect privacy, participating in policy discussions regarding access and use of personal health information, and recommending appropriate policies and technologies for health information systems. During 1996, CDT will complete a "Privacy Manual" providing policy recommendations to the CHMIS sites, and a set of educational materials designed to empower citizens to better protect the privacy of their health records for use by civil liberties, patients' rights, and consumer groups in grass-roots educational activities.
    
    
• Public Access to Government Information -- E-FOIA: CDT has been working with congressional staff, the Clinton Administration, press, and open government advocates to develop a revised version of the Electronic Freedom of Information Act amendments that passed the Senate in the 103rd Congress.
  
  
• Online Publications and Resources: Our very popular Web site is a key spot on the Internet for information on civil liberties in cyberspace (See URL:http://www.cdt.org). CDT's World Wide Web site was rated among the top 5% of sites on the Web by Point Survey; "Best of the Web" by 2ask Survey; and received 3 out of 4 stars from NetGuide Magazine. The site is widely recognized as the leading source for information on public policy issues affecting civil liberties online. In addition, our regular online publication, the CDT Policy Post, has a direct circulation of 9,000, and is read by thousands more on Usenet newsgroups and our online archives.

The Center Staff