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FEBRUARY NEWSLETTER  

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CDT Opposes EARN IT Act, Other Global Threats to Encryption

The EARN IT Act, a dangerous bill threatening free expression and internet users’ ability to take advantage of the crucial protections of strong encryption, was recently reintroduced in Congress. In response, the Center for Democracy & Technology (CDT) led a broad human rights coalition ([link removed]) — which included over 60 organizations like the Human Rights Campaign, the American Civil Liberties Union, and GLAAD — in expressing the reasons we vehemently oppose the bill and urging Senators to do the same.

As CDT ([link removed]) and numerous other civil society organizations ([link removed]) explained when the EARN IT Act was originally considered in 2020, the bill would result in online censorship disproportionately impacting marginalized communities ([link removed]) and jeopardize access to encrypted services ([link removed]). The newest version of the bill not only retains these core problems, but, in some cases ([link removed]), makes things worse. Under the new version, offering users encrypted services can be considered evidence of an intermediary’s liability for a broadly defined set of claims, which would cause intermediaries to over-remove even lawful content. It would also disincentivize them from offering encrypted services, to the detriment of all internet users.

CDT is also advocating against threats to encryption in the United Kingdom. Last week, we joined ([link removed]) other Global Encryption Coalition members, and leading security and technology experts around the world, in challenging a campaign by the U.K. Home Office that attempts to undermine public trust in the critical digital security tool. We call on the U.K. government to reassess their decision to wage war on encrypted services, including their efforts to force tech companies to remove the privacy and security of encrypted services in the country’s coming Online Safety Bill.

As CDT and the Steering Committee of the Global Encryption Coalition observed on this month's Safer Internet Day ([link removed]), “Security is key to a safer internet where users can communicate freely and privately with those they trust. Encryption is a vital security technology that enables such communication… The U.K.’s Online Safety Bill and the U.S.’s EARN IT Act are recent examples of proposals that threaten the safety of everyone online by attacking our ability to use encryption. Governments worldwide must protect the use of strong encryption as part of any solution to promote a safer internet.”

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In Case You Missed It

CDT joined 50 other organizations in urging ([link removed]) the U.S. House and Senate Judiciary Committees to hold hearings on The Fourth Amendment Is Not For Sale Act. The bill would curtail the practice of law enforcement and intelligence agencies purchasing personal information like location data from data brokers, and close loopholes in the Electronic Communications Privacy Act of 1986. The letter follows a December report by CDT ([link removed]) that examined the data broker to law enforcement and intelligence agency pipeline, and found a concerning lack of transparency about those relationships.

CDT joined TechFreedom, Free Press Action, the LGBT Technology Partnership, and other organizations in calling for an amendment to the Open App Markets Act. As the letter states ([link removed]), a "specific provision in S.2710 will, in its current form, be misused to pressure mainstream platforms to carry extremist content, hate speech and misinformation."

CDT recently welcomed ([link removed]) a distinguished new class of members to our 2022-2023 Advisory Council ([link removed]). Said CDT President and CEO Alexandra Givens, “It’s an honor for CDT to convene such accomplished leaders from so many sectors who play a pivotal role in shaping how technology affects society today.”

Sharon Bradford Franklin, Co-Director of CDT’s Security and Surveillance Project, was confirmed by the Senate ([link removed]) to chair the Privacy and Civil Liberties Oversight Board (PCLOB). Congratulations, Sharon!

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CDT in the Press

Samir Jain talked to the Washington Post ([link removed]) about the risks posed by the EARN IT Act: “Journalists, human rights activists, survivors of domestic violence all rely on end-to-end encrypted services. By disincentivizing offering those services, all those groups will live in a world that’s less secure.”

Elizabeth Laird discussed school activity monitoring software with CBS 46 ([link removed]), telling the station, “[Economically disadvantaged students] are more likely to be reliant on school-issued devices because they can’t afford a personal device, so you have privacy and being able to opt out of this type of tracking being determined by your family’s income.”

Eric Null spoke with NBC ([link removed]) about RFID tracking of retail merchandise: “Consent is absolutely necessary, and the bare minimum requirement, when tracking people’s physical location.”

CDT "in Person"

As students and schools have moved between in-person, hybrid, and remote learning, flexible, privacy-forward device programs have become critical. Device programs should protect student privacy throughout the devices’ lifecycle, from distribution to return to retirement. Join Project Unicorn and CDT for a webinar ([link removed]), where we’ll discuss best practices for managing a suite of devices while maintaining students’ privacy and cybersecurity.

In collaboration with Northeastern Law’s Center for Health Policy and Law and Center for Law, Information and Creativity (CLIC), CDT led a discussion on how public and private entities’ use of data-driven decision-making impacts health, employment, education and the criminal legal system; CDT’s own Lydia X.Z. Brown sat on the panel. You can find more information and the recording of the event on the event page here ([link removed]). 

Have you listened to the latest episode of Tech Talk ([link removed]) yet? Join host Jamal Magby, Marika Pfefferkorn, Co-founder & Solutions and Sustainability Officer for Twin Cities Innovation Alliance and Elizabeth Laird, Director of CDT’s Equity in Civic Technology project, in a conversation on data sharing in education. CDT recently released a set of new recommendations for conducting community engagement around the use of student data, with particular focus on the practice’s role in decisions about data-sharing. The new report, Sharing Student Data Across Public Sectors: Importance of Community Engagement to Support Responsible and Equitable Use ([link removed]), presents the guidance alongside polling research on the demand for community engagement.

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Staff Spotlight
Ridhi Shetty, Policy Counsel, Privacy & Data Project 

How long have you been working in digital rights? I've been working on data discrimination at CDT for almost two years. In law school, I was a research assistant for a paper on cultural competency in the design of digital tools for legal assistance. So I guess it's been almost three years altogether!

What is your proudest moment while at CDT? We worked with disability advocacy organizations on comments to inform a report by the UN Special Rapporteur on the Rights of Persons with Disabilities. The Special Rapporteur's report on AI's impact on disabled people cites our paper on disability discrimination via algorithmic hiring technologies, and his report identifies CDT among organizations campaigning for disabled people's rights in the field of AI.

What is your fandom? I'm fascinated by mythology and metaphysics, tracing the origins and overlaps across cultures and the relationship with human psychology. Maybe that builds on my tendency to spend absurd amounts of time on Wiki pages trying to understand the worldbuilding that goes into anything in the sci-fi/fantasy genre.

Cats or dogs? As someone who has owned neither, I'm more of a dog person. But I've warmed up to the idea of having a cat one day!

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