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SEPTEMBER NEWSLETTER  

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Critical Principles for Countering Internet Fragmentation

From internet shutdowns to restrictions on international data flows, technical, legislative, and policy developments around the world have heightened the risk of internet fragmentation at all layers of the network.

The Center for Democracy & Technology (CDT) recently joined a coalition of civil society and industry stakeholders ([link removed]) to raise concerns about the human rights risks of the internet's breakdown into siloed parts, and set out the following principles for an open, interconnected, and interoperable internet:

Protect and promote human rights;

Promote the open, distributed, and interconnected nature of the internet;

Protect and promote the global free flow of information;

Advocate for efforts to address the root causes of internet fragmentation;

Encourage cooperation to promote security;

Promote efforts to expand meaningful connectivity; and

Commit to preserve and strengthen the multistakeholder policymaking model.

Global internet governance by these principles can help defend against the forces of fragmentation, and keep the internet a globally connected, stable, unfragmented, scalable, accessible, and open network-of-networks. For more on the principles, please see the coalition's full letter ([link removed]), and our recent blog post ([link removed]) on how countries and international institutions can take measures to counter internet fragmentation.  

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In Case You Missed It

CDT's recent report, "Warning: Bossware May Be Hazardous to Your Health ([link removed])," looked at the health and safety harms that can result from invasive workplace surveillance — and whether those harms might violate the Occupational Safety and Health Act (OSH Act). In a follow-up post ([link removed]), Matt Scherer, CDT's Senior Policy Counsel for Worker Privacy, explored how the OSH Act's absence of a private right of action, reliance on modest fines, and limited protection for whistleblowers weaken employers' incentives to comply with Occupational Safety and Health Administration standards, noting ways Congress might act to strengthen the law.

Do users of e-scooters have a privacy interest in the trips they take? We think so, and recently joined with the Electronic Privacy Information Center to file an amicus brief ([link removed]) in Sanchez v. Los Angeles Dept. of Transportation — a case based on attempts by Los Angeles to compel the mass disclosure of information about e-scooter trips. We argued that compelled disclosure of the location of e-scooters on an ongoing basis, both in real time and from storage, requires a warrant under the Fourth Amendment. 

CDT joined Human Rights Watch, Access Now, International Commission of Jurists, Electronic Privacy Information Center, Electronic Frontier Foundation, PEN America, Privacy International Freedom House, the Association for Progressive Communications, and Civicus in calling on Indian authorities ([link removed]) to credibly and promptly investigate the government's alleged use of advanced spyware to target activists and apparent opponents. Our call was prompted by reports that Pegasus spyware, developed by the NSO Group, was being used to surveil Indian human rights defenders, journalists, lawyers, and opposition politicians. Use of such spyware is illegal in India.

We also called on the Indian government to reform surveillance law in India by establishing proper judicial and parliamentary oversight of surveillance, consistent with international human rights standards and the landmark digital rights case in India, Puttaswamy v. Union of India. 

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CDT in the Press

Sharon Bradford Franklin, co-director of CDT's Security and Surveillance Project, joined Chicago's NPR station ([link removed]) joined Chicago's NPR station ([link removed]) joined Chicago's NPR station ([link removed]) joined Chicago's NPR station ([link removed]) for a conversation on how the 9/11 attacks changed surveillance and privacy, and what we've learned since.

Samir Jain, CDT's Policy Director, was quoted in the New York Times ([link removed]) following Apple's delay of plans to build surveillance capabilities into its iPhones, iPads, and other products: "We look forward to hearing more about how Apple intends to change or improve its planned capabilities to tackle these problems without undermining end-to-end encryption, privacy, and free expression."

Caitlin Vogus, Deputy Director of CDT's Free Expression Project, discussed the first case ([link removed]) to invoke 2018's Fight Online Sex Trafficking Act (FOSTA) with Reason: "We're starting to see...what the actual impact of [FOSTA] is going to be, and are courts going to interpret it kind of in a more broad or a more narrow manner. Here is an example of a court interpreting it more broadly, and that raises a lot of concerns for the impact that it might have on platforms when they're making decisions about how to respond to all speech on their platforms going forward." 

CDT "in Person"

On October 5th, CDT is hosting a discussion around the 20th anniversary of the Patriot Act, examining questions around how government surveillance activities have changed over the last two decades and whether they should be comprehensively reexamined today. CDT's website has more information ([link removed]) on our stellar roundup of speakers, and how to RSVP.

Tech Prom is only one month away! Join CDT either in-person or virtually on Wednesday, October 20, 2021 from 5:30PM - 10:00PM at Hook Hall in Washington, D.C. Come learn more about CDT, discuss trends in tech policy, and network with policymakers, educators, civil society advocates, government representatives, corporate partners, and the interested public. If you are interested in joining us for Tech Prom, you can learn more here ([link removed]). 

CDT is currently accepting applications for our non-residential Fellows program ([link removed]). We are looking for researchers from diverse disciplines and backgrounds advocating for digital rights. The Fellows program is a great opportunity for researchers to inform our policy advocacy work and to engage with policy-makers in the U.S. and EU. You can learn more about the program, including how to apply, on our Fellows page ([link removed]). 

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Staff Spotlight
Gabriel Nicholas, Research Fellow
How long have you been working in digital rights? Since at least 2017, which at CDT makes me relatively new to the space :) Before coming to CDT, I was a fellow at the NYU School of Law Information Law Institute where I researched big tech competition issues. Before that, I was a software engineer in the Bay Area, a career I'm still recovering from. 

What is your proudest moment while here at CDT? I was absolutely glowing with pride when Apple announced they were delaying the rollout of their CSAM tools. CDT was key to galvanizing the overwhelming pushback from civil society. It's not every day you change a two trillion dollar company's mind! 

What is the most recent cultural activity you've been to? I caught the Kusama exhibit at the New York Botanical Garden in the Bronx. Who knew trees could dress so stylishly? 

What is the best book you've read recently? I just read The Unbearable Lightness of Being by Milan Kundera and I can't stop thinking about it. It somehow comments on every aspect of life in only three hundred pages. 

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