How the Biden Administration can live up to its promises






In response to the Biden Administration's commitment to "Build Back Better," the Center for Democracy & Technology (CDT) is offering guidance to the Administration and the 117th Congress on how we can incorporate technology, civil rights, and the public good into their policy priorities in the weeks and months ahead. 

The pandemic, the deep wounds of racial injustice, and the tensions escalating in the wake of the presidential election have all emphasized how central technology is to shaping people's daily lives and the ways in which we communicate and share information. The Biden Administration can set forth a positive agenda that puts people first and ensures technology remains a constructive force in society. Nearly every agency's jurisdiction is impacted by technology policy; as such, it needs to be seriously considered in a practical, nuanced, and balanced way.

As 2021 begins, we are pleased to share a preview of CDT's policy priorities below.

Preserving Free Expression and the Democratic Process While Addressing Online Content Issues

Content Moderation: Policy leaders should examine issues such as disinformation, hate speech, and discrimination online while preserving the essential legal protections that support free expression. Legislating on the basis of slogans regarding online content will do more harm than good, especially for historically marginalized groups, and it is crucial to start breaking down policy interventions into discrete, definable priorities. There are no easy legislative fixes to issues like disinformation and online hate, but leaders should focus on promoting transparency and due process in content moderation, enabling independent research to promote accountability of online services, and using their oversight authority to examine the measures platforms can take to respond to harmful content on their services. As part of this effort, Congress should consider how passage of federal privacy legislation could help address issues such as targeted disinformation.

Elections: Federal leadership should work to preserve the democratic process and combat election disinformation, fight voter suppression online and offline, secure voting infrastructure, and promote access to the ballot. The Administration and Congress can accomplish these goals through the passage of long-overdue electoral reform legislation and through engagement with stakeholders at the state, local, territorial, and tribal levels. Election officials should be provided with sufficient resources to combat disinformation, improve physical and cybersecurity, ensure that each vote has a paper trail, conduct risk-limiting audits, and permanently expand eligibility for mail-in voting.

Protecting Consumers and Civil Rights Through Privacy Legislation and Agency Enforcement

Privacy Legislation: Congress is closer than ever to passing meaningful privacy legislation, and it should finish this effort as its first order of tech policy business in 2021. A few key issues need resolution, including how to limit the collection, sharing, and use of data and how to strengthen antidiscrimination laws. Leadership is also needed to build consensus around a private right of action and the preemptions of state laws, if any. The Federal Trade Commission should aggressively pursue cases and remedies under its authority to combat unfair practices and deter discriminatory, exploitative, or egregious behavior. Such efforts would not only protect consumers but also protect civil rights, advance racial justice, and promote economic growth.

Data-Driven Discrimination: Congress and the Administration must also commit to fighting algorithmic-driven discrimination, especially in areas such as employment, education, housing, credit, the receipt of government benefits, and goods and services markets. Civil rights and competition agencies should conduct investigations, issue clear guidance or regulations, and enforce against offenders. Congress should investigate and fill any gaps in public accommodation and civil rights laws to account for modern data practices, and it must undo recent efforts to undermine the "disparate impact" standard as a means for challenging discrimination. It is crucial that these efforts include laws and policies that prohibit discrimination against people with disabilities. 

READ ALL RECOMMENDATIONS ([link removed])

Prioritizing Civil Rights in Technology Policy

To meet the opportunities ahead, the Biden Administration needs to build structures and hire personnel that bring diverse expertise to agencies, reflecting the diversity of the American experience, including Black, Indigenous, Latinx and all communities of color, women, religious and ethnic minorities, the LGBTQIA community, people with disabilities, and others subject to historical and ongoing discrimination. To this end, CDT joined 29 civil society groups ([link removed]) in urging the new administration's agency review teams to prioritize civil rights and technology equities.

Today, CDT was proud to join in releasing a Civil Rights and Technology Policy Oversight Agenda ([link removed]) for the 117th Congress, working to ensure that technology serves all people in the United States, rather than facilitating discrimination or reinforcing existing inequities.

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READ | Recommendations to the Biden Administration ([link removed])

Recommendations to the Biden Administration and the 117th Congress to Advance Civil Rights & Civil Liberties in the Digital Age

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READ | CDT Joins Letter Urging New Administration's Agency Review Teams to Prioritize Civil Rights and Technology Equities ([link removed])

CDT Joins Letter Urging New Administration's Agency Review Teams to Prioritize Civil Rights and Technology Equities

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READ | Civil Rights, Privacy, and Technology ([link removed])

Civil Rights, Privacy, and Technology Recommended 2021 Oversight Priorities for the 117th Congress

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READ | CDT Welcomes New Non-Resident Fellows for 2021-2023 ([link removed])

CDT Welcomes New Non-Resident Fellows for 2021-2023

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READ | CDT Leads Letter Highlighting Need for Diverse Funding of Internet Freedom Projects ([link removed])

CDT Leads Letter Highlighting Need for Diverse Funding of Internet Freedom Projects

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READ | CDT Files FOIA Lawsuit ([link removed])

CDT Files FOIA Lawsuit Demanding Information on How DHS Looks at Social Media for Immigration and Naturalization

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READ - Protecting Student Privacy in the Race to Close the Homework Gap ([link removed])

Protecting Student Privacy in the Race to Close the Homework Gap

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READ | Report - Algorithm-Driven Hiring Tools ([link removed])

Report — Algorithm-driven Hiring Tools: Innovative Recruitment or Expedited Disability Discrimination?

CDT is committed to being an integral part of the conversation as the Biden Administration and the 117th Congress assume their responsibilities to the US people. Together, we can make progress on long-overdue tech policy priorities, building an equitable digital future that protects users' rights and works to close the digital divide. Partners like you have been indispensable in this work. If you are not yet engaged and want to learn more, please reply to this email to join the conversation. You can help us fight for civil rights and civil liberties in the digital age.

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