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SEPTEMBER NEWSLETTER  

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CDT Responds to Proceedings Around
President Trump's Social Media Executive Order

In June, CDT filed a case ([link removed]) against the President's May 28 Executive Order, which attacks the ability of social media services to moderate content on their platforms. This constitutionally-protected right is especially important in an election year, as platforms take action to combat misinformation and voter suppression. The Order also threatens users' rights to access information and services that operate free from government coercion. Recently, the federal government asked the Court to dismiss CDT’s case on procedural grounds, without a single word about the important constitutional issues at stake. We responded ([link removed]) to the Court, arguing that we are exactly the right kind of plaintiff to bring this case, and emphasizing our 25-year history of protecting free speech online and advocating for users in the digital world.

As the Executive Order mandated, the National Telecommunications and Information Administration petitioned the Federal Communications Commission (FCC) to write new rules on when a law known as Section 230 ([link removed]) protects social media services for their moderation practices. CDT filed comments ([link removed]) with the FCC on the rulemaking, focusing on three key issues: the unconstitutionality of the Order itself, the FCC’s lack of authority to do what the petition asks, and the petition’s fundamental errors about content moderation. We called on the FCC ([link removed]) to reject the petition without further consideration based on its numerous constitutional, statutory, and policy deficiencies.

In Case You Missed It

The COVID-19 pandemic continues to impact student privacy and equity in the new school year. To help teachers and school officials navigate this new normal, CDT has prepared training materials ([link removed]) that cover legal requirements and technical best practices for student privacy and data protection. With September recognized as K-12 Digital Equity Outreach Month ([link removed]), districts must also continue to focus on closing the “homework gap” while protecting privacy ([link removed]), working responsibly to get students online ([link removed]) and providing digital literacy training ([link removed]) to help students navigate the risks and benefits of engaging in the online world.

A revised version ([link removed]) of the EARN IT Act passed unanimously out of the Senate Judiciary Committee. There are a variety of problems with the bill, from retaining an “advisory” commission whose “recommendations” could carry a de facto legal force in many jurisdictions without public deliberative process, to the free rein the bill gives for states to create an unworkable patchwork of laws for internet content. It also continues to threaten strong encryption ([link removed]), and potentially violates the Fourth Amendment.

The Massachusetts Supreme Judicial Court ruled that warrantless, persistent surveillance outside of a home ([link removed]) by means of a pole camera violates the Massachusetts State Constitution. In Commonwealth v. Mora, the court held that a warrant is required, the position CDT, EFF, and the ACLU of Massachusetts took in the amicus brief we filed in the case. In an important bow to equal rights, the court further ruled that the warrant requirement applies regardless of whether an occupant has erected fences or other barriers to protect their privacy, because such a requirement would apportion privacy rights by income, race, and ethnicity.

CDT in the Press

Avery Gardiner spoke with Reuters ([link removed]) about the government’s response to CDT’s lawsuit against the social media Executive Order: “Instead of actually trying to address the merits of the issues, and to engage in litigation that will show the severe constitutional deformities of the Executive Order, [the Justice Department] is resorting to legal maneuvering.”

Greg Nojeim discussed the effectiveness ([link removed]) of Bluetooth technology-based contact tracing apps with The Markup: “If the Bluetooth signal has to pass through fabric like your pants pocket, that degrades the signal and suggests you might be more distant from the person than you really are.”

Emma Llansó spoke with Slate ([link removed]) and the Lawfare podcast ([link removed]) about free expression concerns ([link removed]) with the Global Internet Forum to Counter Terrorism (GIFCT), which houses a central database with a growing role in how platforms regulate content online. As Emma told Slate, GIFCT may provide an opportunity for governments to have “just as much power as they usually do and none of the accountability.”

CDT "in Person"

Next week, CDT's Research Director Dhanaraj Thakur, will moderate a conversation ([link removed]) hosted in collaboration with TheBridge on gender, politics, and disinformation on social media. The event is on Wednesday, September 16, at 12:30 PM ET, and will feature Soraya Chemaly, Executive Director of The Representation Project, Lucina Di Meco, a gender expert and author of #ShePersisted, and Kristina Wilfore, a global democracy activist. Allie Brandenburger, Co-founder & CEO of TheBridge, will make remarks. You can RSVP here ([link removed]).

Join Lydia X.Y. Brown, CDT’s Policy Counsel, on Tuesday, September 22, at 11:30 AM ET for a conversation on mainstreaming disability inclusion amid crisis, rapid digitization, and adaptation of social programs and technology products. Hosted by BRAC and featuring speakers from CDT, Google, and Humanity & Inclusion, topics will include algorithmic fairness, engineering of inclusive built and digital environments, and multi-level policy advocacy. You can find out more here ([link removed]). 

Have you listened to the latest episode ([link removed]) of our Tech Talks podcast? Join CDT’s own Jamal Magby and Avery Gardiner for a discussion of what’s currently happening in the sphere of antitrust and competition, and what might be on the horizon.

This week, CDT welcomed ([link removed]) U.S. Senator Ron Wyden and FCC Commissioner Geoffrey Starks for a virtual conversation with President & CEO Alexandra Givens on President Trump’s social media Executive Order. They also discussed the Order’s unprecedented call for the FCC to claim jurisdiction over and adopt new rules governing social media services. A recording of the event is available here ([link removed]).

Partner Spotlight

The Robert Wood Johnson Foundation ([link removed]), the nation’s largest philanthropy dedicated solely to health, has been a supporter of CDT’s privacy work since 2015. We are so pleased to partner with them and the eHealth Initiative to release a draft Consumer Privacy Framework for Health Data. The draft framework addresses the gaps in legal protections for consumer health data outside of HIPAA’S coverage, and proposes a self-regulatory model to support enforcement of such standards. You can find more about the framework here ([link removed]). 

Staff SpotlightPasquale Esposito, EU Affairs AssociateHow long have you been working in digital rights? Just over a year. After graduating in law, I spent four months at the Lithuanian Cybercrime Centre of Excellence (L3CE), five months at the European Commission - DG COMP Data Protection Coordinator's team, and to date, six months working in Brussels for CDT.

What is your proudest moment while here at CDT? There are many moments that I feel proud of but in general, I am very satisfied with the way my colleague David Nosák and I have managed to handle our European office while waiting for a new Director. The support and trust of Alex, Chris, Emma, and Stan has been both crucial and rewarding.

What is the most recent cultural activity you've been to? Without a doubt, "The Power of Now". I read it at least once a year...I hope one day I will understand it. 

Dogs or cats? I don't want to upset anyone, but I prefer dogs. The only constant in my future wishes is a Siberian Husky.

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