CDT’s U.S. Newsletter - August Edition


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AUGUST NEWSLETTER  

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Federal Consumer Privacy Gains Traction

Last week, the Federal Trade Commission (FTC) announced that it has begun exploring rules to address harmful online commercial data and security practices. CDT welcomes the proceeding ([link removed]), which seeks to examine important questions about the widespread collection and sale of consumer data, the use of data in automated decision-making, the harms of lax data security practices, and the risks of data-driven discrimination.

The announcement comes as the U.S. House of Representatives continues to consider the American Data Privacy and Protection Act (ADPPA), bipartisan legislation overwhelmingly approved by the House Committee on Energy and Commerce last month. CDT President & CEO Alexandra Reeve Givens ([link removed]) said, “As the legislation moves through the House, we hope members will continue to strengthen the bill and finally secure passage of long-overdue comprehensive federal privacy protections.”

CDT has long called for comprehensive federal privacy legislation ([link removed]) that would place more affirmative requirements on corporate practices surrounding personal data, including minimizing the data companies collect, limiting certain particularly harmful uses of data, and protecting against data-driven discrimination. Together, these efforts are the most significant push in decades towards establishing meaningful data privacy protections.

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In Case You Missed It

This month, CDT released high-profile new research about software being used by schools to monitor students’ online activity. CDT surveyed students, parents, and teachers across the country ([link removed]) and found that 89% of teachers surveyed reported the use of this software in their schools. While stakeholders are optimistic that student activity monitoring will keep students safe, they also reported incidents of students being targeted for disciplinary actions, law enforcement contact, and being outed without their consent. 

“Certain groups of students, like those with disabilities, Black and Hispanic students, and LGBTQ+ youth, bear the brunt of the unintended consequences of student activity monitoring,” said Elizabeth Laird, Director of the Equity in Civic Technology Project at CDT. “Fortunately, federal laws already exist to protect these students, but they must be enforced – which is why CDT is calling on the U.S. Department of Education ([link removed]) to protect students’ civil rights online in the same way they do in the classroom.” 

In March 2022, CDT convened dozens of researchers from academia, civil society, and journalism in a workshop to explore specific questions around researchers’ access to data held by social media companies and other hosts of user-generated content. This week, we published a report describing key findings ([link removed]) from the workshop, as well as recommendations to policymakers and hosts looking to enhance independent researchers’ access to data held by content hosts.

As CDT Europe’s Asha Allen wrote in Wired ([link removed]), the EU’s recently adopted Digital Services Act has the potential to set new international standards for platform governance. In a new blog series, the CDT Europe team breaks down key parts of the legislation, first on obligations for tackling illegal content online ([link removed]), and second on obligations for platform due diligence ([link removed]), with more to come. To receive regular updates on CDT Europe’s work, subscribe to the team’s EU newsletter and recently announced ([link removed]) AI Bulletin at cdt.org/email-signup/ ([link removed]).

CDT provided comments on a case before the Facebook Oversight Board ([link removed]), regarding the takedown of an Instagram post following a request from UK law enforcement alleging that the post may contribute to offline violence. State authorities’ flagging of content for companies to review against their Terms of Service is part of a growing arsenal used to pursue content removal from online services. In our comments, we discuss the implications for human rights, transparency, and due process of this law enforcement practice.

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CDT in the Press

CDT President and CEO Alexandra Reeve Givens joined CBS ([link removed]) to discuss law enforcement requests for users’ data following the overturning of Roe v. Wade.

Elizabeth Laird, Director of CDT's Equity in Civic Technology Project, spoke with Marketplace ([link removed]) about our recent report on privacy concerns with student activity monitoring tools.

Greg Nojeim discussed the laws that govern law enforcement access to residential security camera footage ([link removed]) with Consumer Reports: “The trick is for providers to get it right and make sure the emergency exception in [the Electronic Communications Privacy Act] isn’t being abused by law enforcement and used to circumvent the warrant requirements.”

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CDT "in Person"

Help CDT get to SXSW! Our team is featured in several panels: Data Privacy After Roe v. Wade ([link removed]), Can Social Media Companies Reduce Radicalization? ([link removed])?, and Is AI the New HR? Protecting Civil Rights at Work ([link removed]). You can vote for these panels and others through August 26th via the Panel Picker ([link removed]).

Join CDT at the 4th Annual Data Privacy Conference USA on September 14! George Slover, CDT’s Senior Counsel for Competition Policy, will speak on the Privacy and Competition: A Complex Interplay ([link removed]) panel. This session will explore the complex convergence between the data privacy and competition regulatory spheres, their overlapping objectives, where these regulatory areas complement each other, and what tensions exist.

Have you listened to the latest episode of CDT’s podcast, Tech Talk ([link removed])? Host Jamal Magby dives into the complicated world of covert content moderation, known colloquially as “shadowbanning.” Joining Jamal for the conversation are CDT Research Fellow Gabe Nicholas, who authored CDT’s recent report Shedding Light on Shadowbanning ([link removed]), and Ana Valens, a journalist specializing in adult content and queer communities, who has written about her own experience being shadowbanned by Twitter.

Partner SpotlightCDT is proud to partner with the Lawyers Committee for Civil Rights Under the Law on a variety of workstreams, including civil rights, AI, consumer privacy, and most recently on a response to the American Data Privacy and Protection Act.

The Lawyers Committee for Civil Rights Under the Law works to secure equal justice for all through the rule of law, targeting in particular the inequities confronting African Americans and other racial and ethnic minorities. You can learn more about them and their important work on their website ([link removed]). 

Staff SpotlightCaitlin Vogus ([link removed]), Deputy Director of CDT's Free Expression Project

How long have you been working in digital rights? I've been working on different aspects of digital rights for most of my legal career. At the FCC, I focused on the rights of people with disabilities, including issues like closed captioning of online videos. At the Reporters Committee for Freedom of the Press, I worked to protect journalists, who rely on the Internet to gather and report the news. Now at CDT, I get to work on a wide breadth of online free expression issues, like content moderation and tech company transparency.

What is your proudest moment while here at CDT? My proudest moment so far is establishing CDT as an expert source on improving researchers' access to data held by tech companies. As this issue has grown in importance and gotten more attention from policymakers and the public, CDT has done deep dives on key questions around researchers' access to data ([link removed]), current laws or bills that would require or permit researchers' access to tech company data ([link removed]), and, more recently, what researchers themselves say they need to do research in the public interest ([link removed]).

What is your fandom? Star Trek! I am a proud Trekkie and enjoy all of the series, from TOS to Discovery. (I haven't had time to start Strange New Worlds yet, but that's next on my list!) I started watching Star Trek with my dad when I was about ten, and I fell in love with its optimistic vision of the future and exploration of moral and philosophical questions. The technobabble and time travel are fun draws, too. If forced to choose a favorite series, I'd have to pick The Next Generation, but I truly love all things Trek. 

Cats or dogs? Guinea pigs. Cats and dogs are great, but guinea pigs are a surprisingly fun pet! My favorite thing about guinea pigs is how they "popcorn" (the guinea pig version of zoomies) when they get their favorite food, are happy to see a guinea pig friend, or are just excited. 

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