Congress Can Create Stronger Privacy Protections at the U.S. Border
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Travelers who cross the United States border, particularly in airports, are required to navigate many privacy-invading technologies. Protections limiting access to and collection of sensitive personal data, including biometric data and the trove of information travelers' devices contain, must be accordingly clear and strong. Instead, a recent court decision and efforts by the Department of Homeland Security (DHS) threaten travelers' rights.
In a misguided ruling, the First Circuit Court of Appeals recently declined to require a warrant or probable cause for device searches at the U.S. borders. It rejected the lower court's historic judgement that all electronic device searches at the border required at least reasonable suspicion that the device contains contraband.
The Court invited Congress to make any privacy enhancements it deems appropriate. Given the privacy interests at stake and the spike in device searches at the border, the Center for Democracy & Technology (CDT) believes that Congress should act and impose additional safeguards.
DHS and U.S. Customs and Border Protection (CBP) also reopened public comment on a controversial proposed rulemaking, which would subject all non-U.S. citizens to mandatory facial recognition screening whenever they enter or depart the country. CDT opposes the effort because of serious concerns about facial recognition technology's inaccuracy, bias, and intrusion on privacy, as well as the program's dramatic expansion of a database of sensitive biometric data.
CDT and a coalition of civil rights, immigrants rights, and technology policy organizations urged DHS to withdraw the proposal, and suspend the use of this dangerous technology.
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In Case You Missed It
CDT, in collaboration with Konrad-Adenauer-Stiftung (KAS), released a report outlining an agenda for important U.S. election cybersecurity improvements. We explore the challenges of maintaining security in U.S. elections, the vulnerabilities in various components of national election infrastructure, and how election officials and policymakers might best address them. We also analyze an array of events and situations that arose in recent elections, and offer best practices for a U.S. elections cybersecurity agenda.
Two current debates dominate the conversation around Big Tech: one about Section 230, which promotes free expression online by shielding online companies from liability for users' speech, and the other about the power of the very same companies. CDT's resident competition expert Avery Gardiner describes how these two debates are each separately complicated and important, and also intrinsically related.
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CDT in the PressCDT President & CEO Alexandra Givens was interviewed by CBS News about Twitter's decision to suspend over 150,000 accounts for sharing harmful QAnon content at scale following the Capitol riots.
Alexandra Givens co-authored an op-ed in the New York Times about a new law being debated by the New York City Council. The legislation would regulate the automated tools used to evaluate job candidates and employees, but needs changes to effectively fight bias and have wide influence nationally.
CDT's Director of Policy Samir Jain spoke with the Associated Press about a legislative effort in Utah that would require all cellphones and tablets sold in the state to automatically block pornography: "You've basically got the state mandating the filtering of lawful content. That raises immediate First Amendment flags."
Michelle Richardson, Director of CDT’s Privacy & Data Project, spoke with NPR’s Marketplace about the implications of dating apps allowing users to do background checks on their matches: “It’s really an admirable goal. The question is, are things like criminal records a good proxy for whether someone’s violent? And the problem is, they’re not.”
Persona, an HBO Max documentary about the ethical questions and social impacts of personality tests used in hiring, features CDT's Alexandra Givens and Policy Counsel Lydia X. Z. Brown. Watch the trailer here.
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CDT "in Person"On March 24, CDT and the Georgetown Law Institute for Technology Law & Policy will bring together policy experts, researchers, and civil society advocates for a panel discussion of the impacts of online disinformation and distrust of democratic institutions, particularly as they relate to the use of misogynistic and racist narratives. RSVP here.
CDT, in partnership with Project Unicorn, hosted a webinar on responsible edtech and data use during COVID-19. The conversation featured Steven Langford, Chief Information Officer at Beaverton School District, and covered the importance of proactive digital strategies, interoperable data structures, effective engagement with teachers and parents, and consistent attention to privacy and security. The recording is available here.
Have you listened to the latest episode of our Tech Talk podcast? Join host Jamal Magby and Will Adler, CDT's Senior Technologist for Elections & Democracy, for a discussion on what can be done to help restore public confidence in the election process.
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Partner Spotlight
CDT is proud to partner with the R Street Institute, a nonprofit, nonpartisan, public policy research organization dedicated to policy research and outreach to promote free markets and limited, effective government.
CDT and R Street collaborated to launch the Governance Research in Artificial intelligence Leadership (GRAIL) Network, which connects top-tier academic researchers working on artificial intelligence issues with the policy conversation happening in Washington D.C. Through the Network, CDT and R Street are empowering scholars to bring policy-relevant work on AI to Washington and to educate them about how their work can address important public policy questions in a nonpartisan, informed way. You can learn more about the GRAIL Network here and about the R Street Institute here.
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Staff Spotlight
Samir Jain, Director of Policy
How long have you been working in digital rights? I have been working on tech policy, law, and regulation, including digital rights issue, for about 25 years (!).
What is your proudest moment while here at CDT? I've only been here two months, so does getting my computer and email set up remotely count? Or how about getting interviewed on NPR Marketplace, and then having another Samir Jain — whom I've never met — send me a LinkedIn message to say he had done a double-take when listening to the show that evening? (Not really a "proud" moment, but one of my funniest moments at CDT so far.)
What is the best book you've read recently? The Splendid and the Vile: A Saga of Churchill, Family, and Defiance During the Blitz by Erik Larson.
What is the most recent cultural activity you've been to? Well, in person, that would be seeing Hamilton on Broadway before the pandemic. Unless you want to count my daughter's piano recital (everyone else was on Zoom but we were there in person!).
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