Summary of CDT Activities 2000 -- Work Plan 2001

January 2001

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.

Domain Names and Internet Governance: CDT established itself as the leading independent voice in the process to define the mission and representational structure of the Internet Corporation for Assigned Names and Numbers (ICANN), a relatively new body managing the domain names system and other crucial technical functions for the Internet. In March, CDT and Common Cause issued a major report outlining concerns about the global, online election for ICANN's board of directors. CDT then worked with the Carter Center and Common Cause to monitor the election, creating Web resources that promoted public awareness, helped thousands of Internet users to register to vote, and provided the single best source of information about the candidates.

Agenda 2001: Internet governance issues will be a priority, as we expect to play a crucial role in: defining ICANN's future and mission; promoting the public interest voice in the deliberations on the future composition of ICANN's board and its election process; engaging with the public interest issues posed by the new gTLDs; and working to reconcile the privacy, intellectual property and other interests posed by the whois database.

We will be expanding our role on broader Internet governance issues, with a focus on (i) expanding public representation in technical standard-setting bodies, like the World Wide Web Consortium (W3C), the Internet Engineering Task Force (IETF) and the Wireless Application Protocol (WAP) Forum and (ii) building better communication between public interest advocates and technologists working on Internet policy issues, through the creation of a "Roundtable on Architecture and Internet Policy."

First Amendment and User Empowerment: CDT worked intensively to staff the Children's Online Protection Act (COPA) Commission (organizing field hearings and coordinating the drafting of the final report to Congress) and pulled together the politically diverse membership of the Commission to support a consensus report that endorsed user empowerment and rejected government mandates.

Helped organize grassroots and coalition opposition to mandatory filtering, including lining up opposition of leading conservatives. Worked to ensure that any federal spam legislation would respect free expression principles. Provided informational support and policy guidance to National Research Council study. Through the User Empowerment Working Group, organized a consultation on Internet content controls with the Bertelsmann Foundation's experts.

Organized a coalition to file comments urging the Federal Election Commission to permit individuals to use the Net for political advocacy without fear of regulation. Created an online resource that was a model of digital democracy, generating hundreds of informed comments to the FEC from ordinary citizens. Created a guide to online political advocacy, helping individuals and policymakers understand campaign election law and how it might apply to the Web.

Agenda 2001: Initiating dialogue with European officials and Internet industry regarding user empowerment and GetNetWise strategies in Europe; responding to attempts by national governments to impose content controls outside of their borders, as France did in the recent Yahoo case; promoting the user empowerment vision on Capitol Hill, where content regulation and spam legislation are likely to come up again; working with the National Research Council study; working with coalition of non-profits educating the IRS on online speech and advocacy issues for non-profit organizations.

CALEA: We achieved a major victory when an appeal filed by CDT, other privacy advocates and the telecommunications industry resulted in a federal appeals court decision rejecting many of the FBI demands for added telephone network surveillance features. The court also signaled that interception of newer "packet" technologies must meet the highest legal standards, casting doubt on the FBI's Carnivore monitoring system.

Agenda 2001: With CALEA back before the FCC, CDT will work to educate the Commission on crafting appropriate compliance deadlines, addressing the implications of the appeals court decision and developing a solution for packet technologies; and work with industry technical experts to make the case against "CALEA for the Internet."

Major priorities in 2001 will include privacy issues associated with (i) location technologies and services for wireless devices and (ii) wireless Internet access.

Cybercrime and Internet Security: As the only public interest organization participating in the February White House summit on cyber security, and in testimony before the House and Senate throughout the year (see list below), CDT stressed that network security is the responsibility of the private sector, not the government, and can be achieved without sacrificing privacy online.

CDT played a vital role in the exposure and public examination of Carnivore. CDT's Digital Privacy and Security Working Group (DPSWG) hosted the FBI's first public demonstration of the technology for industry and public interest groups.

DPSWG and the Internet Privacy Working Group (IPWG) co-hosted a series of briefings on privacy and security legislation with congressional staff. DPSWG also hosted discussions of the Administration's proposed cybercrime bill and the information sharing issue. CDT testified on cybersecurity legislation and coordinated DPSWG input to the Senate Judiciary staff

Worked closely with Americans for Computer Privacy to educate Members of Congress and the Administration on the privacy issues raised by several reactionary cyber security proposals. Responded to the draft Council of Europe cybercrime treaty.

Agenda 2001: Cybersecurity will be a major focus for CDT: Working through DPSWG and Americans for Computer Privacy to address critical infrastructure issues with industry and administration; working with House and Senate Judiciary Committees and other key members on cybercrime/privacy legislation; ensuring that Council of Europe treaty does not impose design mandates on industry or increase government surveillance or data access authorities.

Privacy: CDT continued to promote user empowerment privacy tools, better education of Internet users and more responsible business practices while beginning to build a coalition to address the details of federal legislation on privacy. CDT created Operation Opt-Out to provide consumers easy access to the privacy options companies offer. CDT's leadership on the Platform for Privacy Preferences Project (P3P) began to bear fruit as implementations are expected in the mainstream Web browsers next year.

CDT's efforts helped convince DoubleClick not to marry online profiles with offline identities in the absence of a broader consensus on privacy standards; we have since engaged directly with DoubleClick to explore privacy standards. Updated our Online Guide Privacy as a resource for Internet users. Served on the FTC's Advisory Panel on Online Access and Security, writing and coordinating many pieces of the final report.

Agenda 2001: Internet privacy legislation will be taken up as a early priority by the new Congress. CDT is creating a privacy policy resource for legislators, other policymakers, industry and the public to utilize in identifying options for the difficult issues involved in developing solutions that work for the Internet and building a consensus to strike the balance between privacy regulation and the decentralized nature of the Internet; major involvement in final stages of P3P implementation; building and promoting the privacy tools initiative ­ GetPrivacyWise.

Broadband Access: In December 2000, CDT released a major study on broadband and open access and submitted comments to the FCC in response to its notice of inquiry.

Agenda 2001: Monitoring open access in broadband deployment.

International: Completed a major study of Internet access in Central and Eastern Europe; conducted assessment of Internet policy in 11 developing countries.

Agenda 2001: CDT is launching the Global Internet Policy Initiative, in partnership with Internews, to build coalitions of NGOs, Internet industry, and key foundations to address regulatory and legal issues in Europe and around the world. The project's goal is to promote transparency and predictability in business regulation; competition, privatization, open networks and universal service in terms of telecomm policy; and market-driven solutions, user-control and human rights protection in terms of government control. Working with local partners, the project will seek to establish in each country an ongoing roundtable working group with key stakeholders, seeking coalitions and consensus around an open, competitive, user-controlled, and non-regulated Internet.

CDT Congressional Testimony - 2000

October 3, 2000 - Jerry Berman before the Senate Commerce Committee on "Privacy"

September 6, 2000 - James Dempsey before the House Subcommittee on the Constitution on "Legislation Setting Standards for Government Surveillance"

September 6, 2000 - James Dempsey before the Senate Judiciary Committee on "Carnivore"

July 24, 2000 - Alan Davidson before the House Subcommittee on the Constitution on "Privacy and Carnivore"

May 25, 2000 - Jerry Berman before the Senate Committee on Commerce on "The Federal Trade Commission's Report To Congress -- Privacy Online"

May 25, 2000 - James Dempsey before the Senate Judiciary Committee on "Internet Security and Privacy"

May 18, 2000 - Deirdre Mulligan before the House Subcommittee on Courts and Intellectual Property on "Privacy And Electronic Communications"

April 12, 2000 - Ari Schwartz before the House Subcommittee on Government Management, Information and Technology on "HR 4049, the Privacy Commission Act"

April 6, 2000- James Dempsey before the House Judiciary Subcommittee on the Constitution on "The Fourth Amendment and the Internet"

March 2, 2000 - Jerry Berman and John Morris before the Senate Commerce Subcommittee on Communications on "The America Online -Time Warner Merger"

February 29, 2000 - James Dempsey before the Subcommittee on Crime of the House Judiciary Committee and the Subcommittee on Criminal Justice Oversight of the Senate Judiciary Committee on "Internet Denial of Service Attacks"

February 8, 2000 - Deirdre Mulligan before the Senate Commerce Subcommittee on Consumer Affairs on "Privacy in the Online Environment and the FTC¹s Role"

CDT Publications - 2000

CDT/Common Cause report, "ICANN's Global Elections: On the Internet, For the Internet: A Study of the ICANN At-Large Elections," March 2000

CDT/GILC report, "Bridging the Digital Divide: Internet Access in Central and Eastern Europe," March 2000

Deirdre Mulligan, Ann Cavoukian, Ari Schwartz and Michael Gurski, "P3P and Privacy: An Update for the Privacy Community," March 2000

Jerry Berman and John B. Morris, Jr., "The Broadband Internet: The End of the Equal Voice?", CFP Proceedings, April 2000

Deirdre Mulligan and James X. Dempsey, "Square Pegs & Round Holes: Applying Campaign Finance Law to the Internet ­ Risks to Free Expression and Democratic Values," CFP Proceedings, April 2000

James X. Dempsey, "Overview of Criminal Justice Information Systems," CFP Proceedings, April 2000

James X. Dempsey and Michael J. O¹Neil, "Critical Infrastructure Protection: Threats To Privacy And Other Civil Liberties And Concerns With Government Mandates On Industry," 12 DePaul Business Law Journal, Spring 2000

CDT report, "Broadband Backgrounder: Public Policy Issues Raised by Broadband Technology," December 2000

Brochure, "Your Place in Cyberspace ­ A Guide to Internet Domain Names," Summer 2000

Senior policy analyst Ari Schwartz publishes a monthly column in Federal Computer Week magazine