From Center for Democracy & Technology <[email protected]>
Subject Is This Federal Privacy Legislation’s Moment?
Date April 30, 2024 9:25 PM
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APRIL NEWSLETTER  

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Is This Federal Privacy Legislation’s Moment?

Earlier this month, CDT VP of Policy Samir Jain testified at a U.S. House hearing on federal privacy legislation and bills aiming to protect kids online. In Jain’s testimony ([link removed]), he illustrated how today’s data ecosystem harms Americans, how AI has accelerated the need for a federal privacy law, and why tackling data privacy is a national security imperative.

As Jain explained, the bipartisan, bicameral American Privacy Rights Act (APRA) presents a renewed opportunity to finish the long-overdue job of passing a federal privacy law, and a strong platform for protecting kids and addressing policy challenges around AI. APRA’s data minimization requirements, civil rights protections, restrictions on data brokers, and meaningful provisions for enforcement at scale are essential elements of any effective privacy law. 

CDT VP of Policy Samir Jain testifies in the U.S. House of Representatives in April 2024.

Of course, APRA is not flawless. Jain called for lawmakers to include additional privacy protections for children (while protecting the rights of kids and grownups alike); extend the law’s scope to government service providers; clarify its language around advertising; and provide stricter requirements for data brokers.

CDT has long advocated for Congress to adopt strong privacy protections, and dozens of hearings on the issue have demonstrated in detail the clear need for a federal law. We’re dedicated to working constructively with Congress to make any needed changes to APRA, and helping to move it forward through the legislative process.

In Case You Missed It

— Earlier this month, the U.S. Senate reauthorized Section 702 of the Foreign Intelligence Surveillance Act. Legislators extended the law’s reach ([link removed]), allowing law enforcement to demand information from any entity that can access communications equipment — including data centers, cloud providers, and even office buildings and business landlords. CDT fought hard in favor of privacy-protective amendments ([link removed]), and while those ultimately did not pass, we were encouraged by the growing support for a requirement that law enforcement get a warrant before accessing Americans’ data.

— CDT’s Aliya Bhatia and Mona Elswah responded to a Meta Oversight Board Policy Advisory Opinion ([link removed]), which tackled Meta’s moderation of the translingual term “shaheed” — the most moderated word on Meta’s platforms. They argued that the opinion is a glaring example of the need to invest in datasets of “low-resource” languages that are used to train language models, and take steps towards linguistically and culturally nuanced content moderation.

— This month, the Connecticut Senate passed a sweeping bill covering automated decision-making and many other AI-related topics. CDT testified to the Connecticut Senate’s General Law Committee on the bill ([link removed]) earlier this year, and offered a number of suggestions to strengthen it.

— CDT made recommendations for how the National Telecommunications and Information Administration ([link removed]) (NTIA) should advise the President on whether and how to regulate “open foundation” AI models, for which model weights are widely available. Our comments explore the risks and benefits of, and potential policy approaches to, these models.

CDT in the Press

— Discussing a recently–passed bill that would functionally ban TikTok, CDT’s Kate Ruane told NPR ([link removed]), "Congress shouldn't be in the business of banning platforms. They should be working to enact comprehensive privacy legislation that protects our private data no matter where we choose to engage online."

— CDT’s Miranda Bogen spoke with the Washington Post ([link removed]) about AI-based chatbots: “If developers fail to think through the contexts in which AI tools will be deployed, these tools will not only be ill-suited for their intended tasks but also risk causing confusion, disruption and harm.”

— CDT’s Samir Jain told Popular Science ([link removed]) about the repercussions of online age verification laws, “If people no longer feel like they can do that [access information anonymously], that infringes on their First Amendment expression right.”

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Illustration for CDT’s 2024 Spring Fling event. Blue and rose-colored text surrounded by light pink blossoms and orange bulbs.

CDT "in Person"

— Thank you to everyone who joined us for this year’s Spring Fling ([link removed])! We welcomed over 450 AI and privacy leaders on a stormy day in D.C. alongside IAPP’s Global Privacy Summit. It was a great chance to celebrate our successes and build relationships for the fights to come.

Weren’t able to join? Be sure to save the date for this year’s Tech Prom on Thursday, November 14 at The Anthem in Washington, D.C.

— Earlier this week, CDT hosted a panel to discuss the Department of Health & Human Services’ new rule to protect patient health information ([link removed]) relating to lawful reproductive care. CDT CEO Alexandra Reeve Givens sat down with Director of HHS’s Office of Civil Rights Melanie Fontes Rainer to discuss the rule, followed by a panel discussion with privacy and healthcare experts.

Graphic for CDT's podcast, entitled "CDT's Tech Talks", hosted by Jamal Magby.

— In the latest episode of CDT’s podcast ([link removed]), we sat down with CDT Non-Resident Fellows Rachel Cummings, Associate Professor of Industrial Engineering and Operations Research at Columbia University; and Daniel Susser, Associate Professor for the Department of Information Science at Cornell University, to discuss their recent papers on differential privacy, a promising, but controversial, solution for enhancing privacy protections in data processing systems.

— On May 14, join Kate Ruane, CDT’s Director of the Free Expression Project, and ITIF for an expert panel discussion exploring the intersection between digital policy issues and the First Amendment, the free speech implications of proposals to address online problems, and how lawmakers could address these problems without infringing on users’ or companies’ speech rights. You can learn more about Social Media and the First Amendment panel and register on our event page ([link removed]). 

Kendal Aldridge, standing in front of a bright blue sky and a green outdoor setting.

Staff Spotlight
Kendal Aldridge ([link removed]), Digital Media and Communications Associate

How long have you been working in digital rights? I started at CDT in January, so that is when my official work in digital rights began. However, I recently completed a MA program where I tailored my studies to focus on a cultural and legal history of the internet. After learning so much about the history of digital regulation, I’m excited to be working at CDT, which is helping shape its future.

What is your proudest moment while here at CDT? I enjoy getting to be a part of the conversations when news breaks and crafting messages for social media. Helping develop social messaging for the State of the Union, recent Supreme Court hearings, and the controversial TikTok ban bill are all moments that especially stick out to me.

What is your fandom? I am a devout Bravo! fan. I love the Real Housewives and watch most of the shows on the network. It’s my guilty pleasure.

Dogs or cats? Dogs! I have a small chihuahua/terrier named Clark.

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