From: CDT Info
To: [log in to unmask]
Sent: 09/01/03 21:32
Subject: CDT Polict Post 9.01: Vital Digital Issues Likely to be on
Congress' Agenda
CDT POLICY POST Volume 9, Number 1, January 9, 2003
A Briefing On Public Policy Issues Affecting Civil Liberties Online
from
The Center For Democracy And Technology
Contents:
(1) Vital Digital Issues Likely to be on Congress' Agenda
(2) 2001-02 Saw Momentous Legislation Affecting Digital Privacy, E-Gov
____________________________________________
The 108th Congress, which began its business this week, will face a
wide array of issues affecting the Internet. As in past years, it is
likely that hundreds of Internet-related bills will be introduced.
They will run the gamut from those that would advance privacy and the
principle of user control to those that will pose threats to openness
and other civil liberties online. It is impossible to predict what
will be enacted before Congress adjourns in 2004 just before the
presidential election, but here is CDT's overview of some key issues
likely to receive serious consideration. We also take a look back at
the 107th Congress (2001-02), when landmark legislation was enacted.
__________________________________________
(1) Vital Digital Issues Likely To Be On Congress' Agenda
* Digital Rights Management
A critical debate resumes in Congress about how to protect
copyrighted material in the new digital media -- a debate that could
define how Americans watch TV, listen to music, and use their
computers for years to come. Last year, the proposals - none of
which passed - ranged from the Hollings bill on digital rights
management, to the Berman bill on peer-to-peer file sharing, to the
Boucher proposal to amend parts of the Digital Millennium Copyright
Act (DMCA). Rep. Rick Boucher (D-VA) has already reintroduced his
DMCA bill this week (H.R. 107).
For more on these issues: http://www.cdt.org/copyright/.
* Terrorism, Surveillance and Privacy
There have been rumblings about a PATRIOT Act II, which could propose
further expansions of government surveillance power. Meanwhile,
Congress should be pursuing oversight of the first PATRIOT Act. Much
of the implementation of that law, particularly as it affects
privacy, is shrouded in secrecy and gag orders.
Congress also should have its hands full overseeing creation of the
new Department of Homeland Security (DHS). The House Republican
leadership has announced a new select committee for oversight of
homeland security issues. CDT is urging the Administration and
Congress to immediately begin setting out privacy guidelines and
oversight mechanisms to ensure that the new department's data
analysis activities are focused, controlled and accountable, both for
effectiveness in preventing terrorism and for the protection of civil
liberties.
Sen. John Edwards (D-NC) has proposed creating a new domestic
intelligence agency to take over the FBI's duties to collect
intelligence within the United States. Sen. Edwards has emphasized
that particularly intrusive investigations by such an agency should
be subject to special controls.
The question of a national ID card will come up in the context of
proposals to standardize features of state drivers' licenses, which
will be debated in a bill reauthorizing federal highway funding.
Sen. Edwards' views on the topic:
http://edwards.senate.gov/speeches/2002/homeland_12-18.html
CDT's recent Policy Post on DHS:
http://www.cdt.org/publications/pp_8.28.shtml.
Resources on terrorism issues:
http://www.cdt.org/security/010911response.shtml
* Consumer Privacy
The US still lacks baseline federal legislation to protect consumer
privacy. Online and offline privacy issues are expected to come up
in the course of the reauthorization fight over the 1996 amendments
to the Fair Credit Reporting Act, which sunset at the end of 2003.
Sen Richard Shelby (R-AL), incoming chairman of the Banking
Committee, has said that he favors stronger privacy protections for
financial data and opposes preemption of state laws. Sen. John McCain
(R-AZ), chairman of the Senate Commerce Committee and author of an
opt-out proposal in 2000, is also expected to address privacy issues,
beginning with possible hearings this year.
See: http://www.cdt.org/privacy/
* E-Government
A landmark e-government law was enacted last year (see below), but it
failed to address gaps in Congress' own online resources. In 2003,
there may be a move to put more Congressional material online.
More on access to government information online:
http://www.cdt.org/righttoknow/
* Spam
Once again, the last Congress failed to pass spam legislation, even
though bills were approved at the committee level in both House and
Senate. The "Controlling the Assault of Non-Solicited Pornography
and Marketing" Act (the "CAN-SPAM" Act or S. 630) sponsored by
Senators Conrad Burns (R-MT) and Ron Wyden (D-OR) passed out of the
Senate Commerce Committee in May 2001 and the Unsolicited Commercial
Electronic Mail Act (H.R. 718), sponsored by Rep. Heather Wilson
(R-NM), was reported by both the Commerce and Judiciary Committees in
the House, but neither received Floor consideration. The Direct
Marketing Association announced in October 2001 that it would support
federal anti-spam legislation as a method of helping legitimate
marketers.
* Other issues
Other issues range from the Internet tax moratorium to virtual child
pornography, identity theft, online gambling, and Internet censorship
in repressive regimes. A bill introduced this week by Senate
Democrats, the Justice Enhancement & Domestic Security Act (S. 22),
includes provisions on child pornography online and provisions
designed to protect against misuse of Social Security numbers and
mitigate the harm to individuals victimized by ID theft.
___________________________________________
(2) 2001-02 Saw Momentous Legislation Affecting Digital Privacy, E-gov
* Government surveillance
The most momentous piece of legislation adopted by the last Congress
(2001-02) was the USA PATRIOT Act, signed into law on October 26,
2001. The Act dismantled many privacy protections for communications
and personal data.
Resources on the PATRIOT Act and other anti-terrorism measures can be
found at http://www.cdt.org/security/010911response.shtml.
For a journalistic account of the passage of the PATRIOT Act , see
"Six Weeks in Autumn," by Robert O'Harrow, The Washington Post Sunday
magazine, Oct. 27, 2002
http://www.washingtonpost.com/wp-dyn/articles/A1999-2002Oct22.html
* Information analysis
Nearly as important, the Homeland Security Act signed by President
Bush on November 25, 2002, created the new Department of Homeland
Security (DHS) and granted it momentous responsibilities and powers.
The DHS, which comes into existence on January 24, will consolidate
22 separate agencies into a new Cabinet department with 170,000
employees. It will have wide-ranging authority to compile, analyze,
and mine the personal information of Americans.
CDT's December 13, 2002, Policy Post on the Homeland Security Act:
http://www.cdt.org/publications/pp_8.28.shtml.
* E-Government
The E-Government Act of 2002 includes an innovative and potentially
far-reaching provision requiring federal government agencies to
conduct privacy impact assessments before developing or procuring
information technology or initiating any new collections of
personally identifiable information.
CDT's November 21, 2002 Policy Post on the E-Gov Act:
http://www.cdt.org/publications/pp_8.25.shtml.
* Communications Privacy
The Cyber Security Enhancement Act, incorporated into the homeland
security bill, includes a provision undermining privacy online by
greatly expanding the ability of ISPs to "voluntarily" disclose
information government officials. (Sec. 225.) Under the provision,
the contents of email messages or instant messages can be given to
any government official without a court order in an "emergency" even
when there is no factual basis stated for the emergency and there is
no imminent threat of injury.
CDT's more detailed analysis of the Cyber Security Enhancement Act is
online at
http://www.cdt.org/security/homelandsecuritydept/021210cdt.shtml.
* Domain Names
A law was passed mandating creation of a ".kids" space within the
".us" Internet domain. Content in ".kids.us" is required to be age
appropriate for children under the age of thirteen, and linking to
domains outside ".kids.us" is prohibited. CDT and others raised
serious questions about ".kids.us" as increasing government
involvement in setting online content standards.
The text and legislative history can be found at
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03833:
For CDT's position: http://www.cdt.org/dns/020912dotkids.shtml.
___________________________________________
Detailed information about online civil liberties issues may be found
at http://www.cdt.org/ .
This document may be redistributed freely in full or linked to
http://www.cdt.org/publications/pp_9.01.shtml .
Excerpts may be re-posted with prior permission of [log in to unmask]
Policy Post 9.01 Copyright 2003 Center for Democracy and Technology
_______________________________________________
http://www.cdt.org/mailman/listinfo/policy-posts
************************************************************************************
Distributed through Cyber-Society-Live [CSL]: CSL is a moderated discussion
list made up of people who are interested in the interdisciplinary academic
study of Cyber Society in all its manifestations.To join the list please visit:
http://www.jiscmail.ac.uk/lists/cyber-society-live.html
*************************************************************************************
|
