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C D T P O L I C Y P O S T
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A BRIEFING ON PUBLIC POLICY ISSUES
AFFECTING CIVIL LIBERTIES ONLINE
from
THE CENTER FOR DEMOCRACY AND TECHNOLOGY
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Volume 5, Number 8 April 21, 1999
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CONTENTS:
(1) Congress Kicks Into High Gear on Internet Privacy
(2) CDT Testifies at Senate Judiciary Hearings on Privacy
(3) FTC Issues Draft Rules on Children's Online Privacy
(4) Subscription Information
(5) About the Center for Democracy and Technology
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of ari@cdt.org
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(1) CONGRESS KICKS INTO HIGH GEAR ON INTERNET PRIVACY
Suddenly, there is a flurry of Congressional activity on Internet privacy,
with wide-ranging bills being introduced in the Senate and being drafted in
the House and hearings commencing.
** On April 15, Senators Burns (R-MT) and Wyden (D-OR) introduced S. 809,
the Online Privacy Protection Act. The bill is intended to require privacy
disclosures on web sites, to allow consumers to "opt-out" of having
information collected online or disclosed to third parties, and to provide
consumers access to personal data that has been sold or shared with other
entities.
The bill gives the Federal Trade Commission regulatory and enforcement
authority, and allows companies to comply by adhering to industry
guidelines approved by the FTC. The bill preempts conflicting state laws.
Some of the language of the bill appears to fall short of the co-sponsors'
intent, allowing, for example, collection and disclosure of information so
long as there has been notice to the consumer. The bill has been referred
to the Commerce Committee's Communications Subcommittee, chaired by Sen.
Burns.
** On April 21, Senator Leahy (D-VT) is expected to introduce the
Electronic Rights for the Twenty-First Century (E-RIGHTS) bill. The
legislation focuses mainly on raising the standards for governmental access
to information
The bill's most forward-looking element may be a provision extending to
information stored on network services offered to the public the same
protections accorded information stored in the home.
The bill would fill a number of gaps in current privacy law, for example,
by extending to home satellite TV viewers the same privacy protections
afforded to cable subscribers, and extending to individuals' book purchases
the same protections that apply to their video rentals.
The bill tightens the standard for government access to wireless phone
location information, establishes privacy protections for domain name
registration information, and requires the government to obtain a court
order to compel release of decryption keys.
** In the House, Reps. Bob Goodlatte and Rick Boucher (D-VA), co-chairs of
the Congressional Internet Caucus, are drafting legislation addressing a
number of Internet issues, including privacy, and longtime privacy advocate
Ed Markey (D-MA) has indicated that he will be introducing an online
privacy bill.
It is impossible at this point to predict the outcome of the legislative
process, but it is clear that these bills represent a seriousness on the
part of their sponsors far beyond that previously accorded to the online
privacy issue.
For information and links about these and other privacy bills, visit CDT's
regularly updated legislation page,
http://www.cdt.org/legislation/106th/privacy/, and CDT's privacy page,
http://www.cdt.org/privacy.
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(2) CDT TESTIFIES AT SENATE JUDICIARY COMMITTEE HEARING ON PRIVACY
On Wednesday, April 21, the Senate Judiciary Committee is beginning what
Chairman Orrin Hatch (R-UT) promises will be a series of hearings on
Internet privacy. CDT Executive Director Jerry Berman is testifying,
giving an overview of privacy issues affecting the Internet and outlining
the steps needed to achieve more comprehensive privacy protection suitable
for the unique medium of the Internet.
Berman highlighted four points:
* The importance of architecture: Technology itself, ranging from
anonymizers to P3P, can give users greater control over their privacy.
* The need to enact tighter limitations on government surveillance, by
updating the Electronic Communications Privacy Act of 1986 to address the
increasing amount of personal information stored outside the home on
network services and to respond to other technological advances.
* The need for fair information practices to be observed and enforced in
the private sector.
* The need for a privacy entity within the federal government to provide
expertise, advocacy and policy development
Berman's testimony is at http://www.cdt.org/testimony/990420berman.shtml
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(3) FTC ISSUES DRAFT RULES ON CHILDRENS ONLINE PRIVACY
On April 20, the Federal Trade Commission issued draft rules implementing
the Childrens Online Privacy Protection Act of 1998. The law prohibits Web
site operators from collecting personally identifiable information from
children under 13 without the permission of their parents. The detailed
regulatory proposal fleshing out the law's requirements is subject to
public comment and revision before it takes effect. Comments are due by
June 11, and the FTC has tentatively scheduled a public workshop on the
proposal for July 20.
The proposed regulations are available in PDF form at
http://www.ftc.gov/os/1999/9904/childrensonlineprivacy.pdf. The FTC's
press release announcing the draft is at
http://www.ftc.gov/opa/1999/9904/coppa.htm
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(4) SUBSCRIPTION INFORMATION
Be sure you are up to date on the latest public policy issues affecting civil
liberties online and how they will affect you! Subscribe to the CDT Policy
Post news distribution list. CDT Policy Posts, the regular news publication
of the Center for Democracy and Technology, are received by Internet users,
industry leaders, policymakers and activists, and have become the leading
source for information about critical free speech and privacy issues
affecting the Internet and other interactive communications media.
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In the BODY of the message (leave the SUBJECT LINE BLANK), type
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(5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: http://www.cdt.org/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
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