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CDT Policy Posts

FCC Must Have Narrow Authority over Internet Access

July 29, 2010
  1. FCC Reconsidering Regulatory Approach to Broadband
  2. CDT Supports Placing Broadband Internet Service Under Title II
  3. FCC's Focus Must Remain Narrow
  4. Congress Also Mulling Telecom Overhaul

FCC Reconsidering Regulatory Approach to Broadband

CDT recently filed comments on the Federal Communications Commission's Notice of Inquiry into the proper legal framework for addressing Internet access services.  This proceeding is the latest in a series of developments regarding Internet neutrality and other policies outlined in the FCC's National Broadband Plan.  Prompted by the DC Circuit Court of Appeals decision in Comcast v. FCC, which called into serious question the Commission's authority to issue rules governing broadband service, the Commission is wholly reconsidering its approach to Internet connectivity.  The Chairman has indicated a preference for classifying Internet access service as a telecommunications service under Title II of the Communications Act, while strongly forbearing from all but a few necessary provisions.  CDT supports this approach.

Department of Commerce at the Intersection of Privacy and Innovation

June 25, 2010
  1. Commerce Department Should Take Lead Role as Global Privacy Advocate
  2. Commerce Should Push for 21st Century Federal Privacy Protections
  3. Commerce Should Re-affirm Intermediaries Are Not Liable for Privacy Violations
  4. Business Practices Should Be Consistent with Privacy by Design Principles

1. Department of Commerce Should Take Lead Role as Global Privacy Advocate

This policy post is drawn from comments CDT filed in response to a Notice of Inquiry released by the Department of Commerce’s (“DoC”) Internet Policy Task Force (“Task Force”) regarding the connection between privacy and innovation and the role the department should have in promoting online privacy.
The Commerce Department can support the global digital economy by supporting a comprehensive privacy plan in the U.S and supporting consumer trust as an innovation greenhouse.

Our comments ask the DoC to reaffirm that consumers' trust in the security and privacy of online transactions is a major reason for American business success.  Commerce can advocate for American business by supporting sound user privacy policies and practices. In calling for the DoC to take a global leadership role on privacy, CDT emphasized that leadership begins at home.

CDT Comments to the DoC NTIA Internet Policy Task Force: In the Matter of Information Privacy and Innovation in the Internet Economy

ACTA Debate Gets Specific

May 18, 2010
  1. Draft Text of ACTA Made Public
  2. ACTA’s Selective Export of U.S. Copyright Law May Foster Highly Skewed Legal Regimes in Other Countries
  3. A Number of Proposed Provisions Could Encourage or Require Changes to U.S. Domestic Copyright Law
  4. Other Concerns

1.  Draft Text of ACTA Made Public

Since late 2007, the United States and a number of other countries, including Australia, Canada, the European Union, Japan, Mexico, and South Korea, have been negotiating an “Anti-Counterfeiting Trade Agreement” (ACTA).  A variety of speculation, rumors, and leaks regarding what ACTA might contain have prompted concern in the blogosphere and the tech industry.  Until recently, however, the only official documents that had been publicly released were high-level outlines and statements offering little guidance on ACTA’s specific provisions and language.

Protecting Internet Platforms for Expression and Innovation

May 3, 2010

1) Intermediaries Are Critical to the Success of the Internet
2) EU and U.S. Policies Protect Intermediaries from Liability
3) Intermediary Liability Inhibits Economic Activity, Innovation, and Free Expression
4) There Is a Global Need to Reinforce Intermediary Protections

1) Intermediaries Are Critical to the Success of the Internet

Every day, millions of business people, scientists, government officials, journalists, educators, students, and ordinary citizens go online to access information, to create and disseminate content, and to participate in nearly all aspects of public and private life. For example: