hi-res pdf - Center for Democracy and Technology

Accomplishments 

And objectives 

2007-2008 

Keeping the internet open, innovative and Free 

February 2008

The Center for Democracy & Technology is a non-profit, non-partisan public interest 

organization dedicated to developing and implementing public policies to protect and advance 

civil liberties and democratic values on the Internet. 

1634 I Street, NW Suite 1100 

Washington DC 20006 

(202) 637-9800 

(202) 637-0968 (fax) 

http://www.cdt.org 

Copyright ©2008 Center for Democracy & Technology

Table of Contents 

Letter from the President ...........................................................................................................iii 

Issue Area Reports 

Catalog of Activities 

Free Expression ......................................................................................................1 

Consumer Privacy ................................................................................................3 

Security and Freedom ..........................................................................................5 

Copyright ................................................................................................................8 

Internet Architecture .........................................................................................10 

Digital Democracy ..............................................................................................12 

Global Internet ....................................................................................................14 

Publications .........................................................................................................16 

Testimony and Appearances before Government Agencies .................... 17, 18 

Staff ..............................................................................................................................................19 

Board of Directors ......................................................................................................................20

Letter from the President 

In the small space between the accomplishments of the last year and challenges that lie ahead, there is 

room to pause and reflect. CDT has much to be proud of about its work in 2007. Throughout the year, 

CDT once again played a crucial role in protecting Internet openness, innovation and freedom. Policymakers, 

journalists, companies and other public interest organizations continued to seek our insight, 

reasoned analysis and thoughtful leadership, and we continued to develop solutions to emerging policy 

challenges through dialogue, consultation and collaboration. 

Among its many accomplishments in 2007, CDT: 

• Stood as the foremost defender of free expression 

online and particularly of social networking, which 

faced at the state and federal level a host of unworkable 

child safety proposals that would undermine the 

rich potential of the medium; 

• Was called on by Congress again and again to testify 

on legislation to restore judicial oversight of intelligence 

agency surveillance and protect privacy in 

government programs for the collection, sharing and 

mining of data; 

• Worked with regulators, industry and consumer advocates 

to develop innovative approaches to behavioral 

targeting to give consumers more control over 

the use of their personal information; 

• Continued to make the case for Internet neutrality and 

openness, focusing the discussion by convening leading 

technologists to analyze network management 

practices and presenting the findings to key regulators; 

Leslie Harris 

• Launched an important new project on online identity, 

which convened stakeholders to develop and release 

draft Privacy Principles for the Digital Age, to guide the development of identity systems; 

• Led a broad-based coalition of advocacy groups and trade associations that filed an important 

amicus brief opposing copyright liability for remote DVR storage; 

• Led the Anti-Spyware Coalition’s continued assault on the scourge of spyware by releasing best 

practices that will sharpen the effectiveness of anti-spyware tools; 

• Partnered with Business for Social Responsibility to convene the Internet industry, human rights 

groups, investors, academics and other key stakeholders to draft voluntary corporate responsibility 

principles to respond to increasing challenges to free expression and privacy on the global 

Internet; 

• Promoted e-government and the public’s access to government information through digital technologies, 

releasing an important report about the lack of searchability of key government websites 

and expanding our groundbreaking OpenCRS site to over six million downloads. 

Also last year, our Board completed the transition of CDT's leadership by electing me President and CEO 

and Jerry Berman Chairman. With Ari Schwartz and Jim Dempsey joining me in day-to-day management, 

and with Jerry retaining an important strategic role, we have a strong team. 

iii 

Accomplishments and Objectives 2007-2008

iv 

The political season guarantees that 2008 will be a year of extraordinary change, bringing a unique set of 

opportunities and challenges across the entire portfolio of our organization. Regardless of the outcome of 

the Presidential election, we will be ready to present to the new President and Congress a forward-looking 

and ambitious policy blueprint for the Internet, based on CDT’s core principles. Our transition document 

will present a vision for a global digital policy framework that safeguards privacy, respects civil liberties 

and provides a robust and open platform for innovation, economic empowerment and democratic discourse. 

We will be reaching out to our diverse community of supporters for advice as we move along. We 

also plan to galvanize the Internet community to urge candidates at all levels to make a commitment to 

Internet freedom during the campaign season. At the same time, we will remain vigilant in resisting the 

constant pressure to erode the freedoms we have fought to defend these last 14 years. 

This year we will broaden our privacy portfolio with a major new initiative, addressing the issue of health 

information privacy and technology. We are confident that our broader expertise in privacy and technology 

will add significant value to the development of sound policies and practices for the exchange of health 

information. 

We are also launching a campaign to secure CDT’s future and build our capacity to take on new projects 

and respond to growing challenges here and abroad. Each year, we are called on to do more with the same 

resources. We must expand our technical skills and resources, participate more fully in global Internet 

policy forums, and grow our presence in Silicon Valley. We will be asking you all to work with us to build 

for CDT a larger and more diverse funding base that includes a strong core of individual supporters and 

provides working capital that will allow us to meet emerging challenges. 

As we begin this new year, CDT is grateful to be supported by a committed and talented community. Our 

effectiveness is enriched by the diverse perspectives you bring to our work and by your willingness to engage 

in dialogue and consensus building. If the hallmark of Internet 2.0 is community and collaboration, 

it’s fair to say that CDT has been “doing” Internet 2.0 since the medium was in its infancy. Together, we 

have insisted that freedom can indeed exist side-by-side with security, that an open platform is key to innovation 

and free expression, and that users must be empowered to protect their privacy and control their 

Internet experience. We have offered pragmatic and workable policy solutions that honor those values. 

There is much more to do. We are humbled by our opportunities and privileged to stand in the gap as 

advocates of Internet openness, innovation and freedom. We know that none of this would be possible 

without your continued, generous support. 

I thank you for making it all possible, 

Leslie Harris 


Center for Democracy & Technology 1 

Free Expression 

Soon after CDT was founded in 1994, we staked our claim in cyberspace – defending free expression on 

the Internet by challenging the Communications Decency Act, the first ever legislative attempt to regulate 

online speech. We won that battle, educated an entire generation of Netizens, not to mention more than a 

few members of the federal judiciary, and for the first time proved that Internet users could be galvanized 

into action and united under a common banner. 

More than a decade later the fruits of that victory 

are evident, as the Internet community has exploded 

with new forms of content and interactivity. Yet 

the challenge of protecting the Internet, ensuring 

the growth of artistic, political and social expression, 

remains a top priority for CDT. 

Over the past year, CDT was the primary advocacy 

group working before Congress and state officials 

to deflect proposals to restrict young people’s access 

to social networks or otherwise regulate the burgeoning world of social networking. CDT helped 

to convince leading Members of Congress to focus attention not on regulating these new online environments, 

but on providing resources for educating young people about how to stay safe online. 

Notwithstanding the strong and consistent protection of free speech that the federal courts afford to the 

Internet, policymakers at the state, federal and international level continue to propose new laws that would 

censor or restrict a broad range of online content. The U.S. Congress last year advanced an unprecedented 

number of child-protection measures that raise grave threats to free expression online. 

CDT strongly believes that parents should be able to protect their children from inappropriate online 

content and contacts, and we have long advocated that the right way to help families navigate the online 

environment is through education and parental use of technological tools that tailor children’s online 

experiences. Laws that force Internet providers to be gatekeepers or put restrictions on content are both 

ineffective and unconstitutional. 

2007 Accomplishments 

Defending Social Networking and the “Web 

2.0” Internet: As more and more sites allow users 

to interact and collaborate – to communicate, 

to organize, and to create new content – CDT has 

been the leading civil liberties voice in both Congress 

and the states to allow these new modes of 

creativity to emerge and grow without burdensome 

and constitutionally suspect regulation and 

restrictions. Some lawmakers are trying to restrict 

access to these new online tools, which are 

energizing young people to engage and be active 

in political discourse and campaigns. CDT has to 

date successfully resisted these legislative proposals, 

including age verification mandates and prohibitions 

on minors’ access to social networking. 

CDT is the primary advocacy 

group working before Congress and 

state officials to deflect proposals 

restricting access to, or trying to 

regulate, social networks. 

Fighting to Preserve Internet Freedoms in a Converged 

World: Working to guard the free speech 

victory we achieved in the 1997 Communications 

Decency Act litigation, CDT has fought to protect 

the Internet from broadcast-style regulation. As 

broadcast and Internet technologies converge, and 

as an increasing amount of content flows over the 

Internet, there are increasing calls from lawmakers 

and federal regulators to strip the Net of its 

high level of constitutional protection and force on 

it a regulatory framework similar to that applied to 

broadcast content. However, citing arguments CDT 

made in “friend of the court” briefs, a federal court 

of appeals in 2007 warned the Federal Communications 

Commission that its authority to regulate 


2 Center for Democracy & Technology 

broadcast content was increasingly in question. 

Both in the courts and in the halls of Congress, 

CDT has worked to educate policymakers, judges, 

and the public about the effectiveness of technology-based 

options for protecting children from 

unwanted content. CDT continued to advocate for 

parental empowerment as a foil to those proposing 

burdensome government regulation. 

CDT advocates for parental empowerment as more effective than burdensome 

government regulation. 

Leading the Largest-Ever Coalition Supporting 

Online Free Speech in the Nine-Year-Long COPA 

Case: Following an excellent U.S. District Court 

decision in March 2007 permanently enjoining the 

1998 COPA law, which seeks to restrict online content, 

CDT organized the largest group of “friends 

of the court” to support the decision on appeal to 

the U.S. Court of Appeals in Philadelphia. CDT’s 

amicus brief sent a powerful message to the courts 

on behalf of an extraordinarily broad coalition of 

public interest and human rights groups, leaders 

of the news and publishing industries, and the six 

leading Internet industry associations. 

Defending the Free Speech Immunity Afforded 

to Web and Online Service Providers: The principle 

that ISPs, Web hosting companies, and other 

online service providers should not be responsible 

for arguably unlawful content posted by others on 

their services is absolutely essential to being able 

Accomplishments and Objectives 2007-2008 

to keep the Internet a robust forum for free speech. 

Over the course of 2007, CDT joined in filing 

four separate amicus briefs defending service 

providers from attempts to impose “intermediary 

liability” on them. 

Litigating Against Unconstitutional Statutes: In 

2005, CDT challenged an unconstitutional Utah 

statute that would have forced ISPs 

and web operators to limit access to 

lawful content. Last year, as a result 

of CDT’s lawsuit, the Utah legislature 

repealed one of the most egregiously 

unconstitutional provisions in the 

statute and addressed the free speech 

concerns of another provision. CDT 

continues to pursue the constitutional 

claims against the remaining portions 

of the challenged censorship law. 

Defending the Internet Free Speech 

Rights of Political Speakers: In 2005, 

CDT successfully organized the Internet 

community to protect the rights 

of individuals to express their political 

views online without being subject 

to Federal Election Commission 

regulation. The following year, CDT 

launched NetDemocracyGuide.org to 

make sure that political activists understood 

their rights. In 2007, as the 

country moved toward the 2008 election, 

CDT continued to monitor the impact of new 

FEC rules and make sure that the Internet’s role in 

revolutionizing politics remained free from regulation. 

2008 Objectives 

Fight to Keep the “Networking” in Social Networking: 

More than 30 bills directly impacting 

online free speech are currently pending in Congress, 

and social networking is the censorial target 

of state officials across the country. CDT will 

vigorously resist unconstitutional efforts in Congress 

and state legislatures to regulate speech and 

impose new burdens on social networks and other 

collaborative online environments. At the same 

time, we will promote the value of user education 

and user empowerment tools to protect children in 

the online environment.


Protect Online Service Providers: The Internet 

has flourished because Web providers are not 

required to serve as gatekeepers for the content 

posted on their sites. Without that protection, web 

and network operators will be unwilling to host 

controversial speech. The increasing challenges 

to the legal immunity of “intermediaries” poses a 

serious threat to Internet freedom and openness. 

CDT will continue work in the courts and legislatures 

to protect social networks, blogs, Web hosting 

companies and others from being held responsible 

for content posted by others. 

Consumer Privacy 

Litigate to Defend Free Speech: Following on 

our success in 2007 against unconstitutional provisions 

in a Utah censorship law, CDT will continue 

to litigate that case. Where possible and as needed, 

we will take on other cases to defend the rights of 

speakers on the Internet to post lawful content free 

from government censorship. 

Create an Online Free Speech Resource for Artists: 

With support from the Warhol Foundation, 

CDT will launch a new Web site to help artists 

navigate free expression challenges that arise in 

the online environment. 

Privacy challenges on the Internet are growing ever more complex as “Web 2.0” services proliferate, mobile 

device functionality and uptake expand, and other online trends take hold. As an increasing number of 

people migrate more of their daily routines online, transacting business and sharing and storing personal 

information, they are generating data that can be used in ways they don’t understand and aggregated into 

highly detailed profiles. Meanwhile, computer security breaches continue, leaving consumers 

apprehensive about the safety of their personal information. Businesses are exploring new ways to create 

and manage digital identity; these technologies may help prevent fraud and identity theft but, if poorly 

designed or implemented, they could further jeopardize privacy and security. 

CDT is addressing these challenges. We are a 

widely trusted advocate for consumer privacy protections 

that are balanced, effective and suited to 

the new technology. We are working to build consensus 

for a federal privacy law that would define 

the responsibilities of companies that collect personally 

identifiable data. At the same time, working 

with the industry, we are promoting practices 

that will give consumers more control over their 


CDT is also a leader in efforts to attack the scourge of unwanted adware and spyware. Through our coordination 

of the Anti-Spyware Coalition, CDT is supporting the development of effective responses to 

intrusive or destructive software. 


Developing Innovative Approaches to Behavioral 

Targeting: Behavioral targeting involves the 

compilation of detailed information about an Internet 

user’s online activities and the use of those 

profiles to deliver customized ads as users browse 

the Web. Last year, five major acquisitions of online 

advertising firms by Internet giants, along 

CDT is a trusted advocate for consumer 

privacy protections that are 

balanced, effective, and suited to 

new technologies. CDT also leads 

the Anti-Spyware Coalition. 

with rapid changes in technology and marketing 

practices, brought the privacy concerns with behavioral 

targeting to the forefront. In conjunction 

with a Federal Trade Commission town hall meeting 

on the topic, CDT joined with nine other consumer 

and privacy groups in proposing a “Do Not 

Track List,” intended to provide consumers with 



a simple tool for opting out of behavioral targeting. 

The proposal served as a launching pad for a 

dialogue with consumer groups, companies, and 

regulators about how to better protect consumers 

as online advertising continues to evolve. 

Making Significant Strides in Fighting Spyware: 

The Anti-Spyware Coalition (ASC), led by 

CDT, released a set of best practices for software 

downloaded onto consumers’ computers. Eighteen 

months in the making, the document details 

the factors by which anti-spyware companies can 

distinguish potentially unwanted software from 

products that provide real value to users. The best 

practices are already creating a better marketplace, 

serving as a vital tool for anti-spyware companies, 

consumers and software publishers worldwide. 

Meanwhile, Consumer Reports indicated that the 

rate of spyware infections is falling. Experts have 

given credit for the decline to the efforts of CDT 

and others in promoting anti-spyware technology, 

enforcement of existing law, pressure on adware 

advertisers, and consumer education. 

Building Privacy into Identity Systems: One of 

the central challenges of the digital age is how to 

identify individuals online, enhancing trust and 

security while preserving privacy and anonymity 

when appropriate. In 2007, through a consultative 

process, CDT’s Identity Project developed draft 

Privacy Principles for Identity in the Digital Age. 

Step 1: Consumer signs up for 

Do Not Track List through the FTC 

Consumer 

Consumer's browser downloads 

and receives updates to 

list of domains that set 

persistent unique identifiers* 

Step 2: Consumer visits Web site 

containing advertising 

FTC 

List of domains 

that set 

persistent unique 

identifiers 

(cookies, etc.) 

Web site 


Domain name that 

sets persistent 

identifiers 

Browsers of consumers who have activated the Do Not Track List 

will block or delete any persistent identifiers from domains on the list 

Web site content 

and ads 

Operation of the Do Not Track List 

Ads 

Unveiled at an FTC authentication workshop last 

March, the principles explain how privacy concepts 

such as choice, access and accountability can 

guide the development of identity systems. Following 

the release of the draft, CDT continued to 

work with other privacy advocates and companies 

to refine the principles and develop case studies to 

show how they may be applied in the real world. 

Supporting the FTC’s Consumer Protection Mission: 

In 2007, CDT testified twice before Congress 

on the work and resource needs of the Federal 

Trade Commission, urging legislators to bolster 

the FTC’s resources. CDT argued that a strong FTC 

is needed to meet the growing challenges of spyware, 

online fraud, and identity theft. 


Promote Consumer Privacy Legislation: With 

consumers facing an ever-growing array of privacy 

threats, the need grows for comprehensive federal 

consumer privacy legislation. Drafting such 

a law, however, is not easy. It requires the kind 

of dialogue and consensus-building that CDT 

is uniquely committed to. In 2008, we will work 

closely with high-tech businesses and the public 

interest community to develop and advocate for 

a baseline privacy law that establishes meaningful, 

practical safeguards for consumers’ personal 


Advertiser 

or 

Ad Network 

Domain that sets 

persistent 

identifiers 

Domain that 

delivers ads 

*Consumers may have to download a browser upgrade, plug-in, 

or extension in order for the Do Not Track List to work for them. 

CDT and nine other consumer and privacy groups proposed a “Do Not 

Track” list as a means to give consumers more control over their online 

experience. 

Address Health Privacy: In 2008, 

CDT will launch a major new project 

to address the complex privacy issues 

associated with the growing use of 

information technology to collect and 

exchange sensitive health records. 

Government agencies and the health 

care sector are developing health information 

exchanges, and a growing 

number of companies are offering 

Personal Health Records services. 

Congress is considering legislation to 

spur adoption of health information 

technology. However, the privacy issues 

associated with the growing liquidity 

and exchange of health information 

remain unresolved. CDT will 

work with companies, public interest 

groups, standard setting bodies and


policymakers to develop pragmatic, principled solutions 

to some of the difficult policy issues that, if 

unaddressed, could impede realization of the benefits 

of health information exchange. 

Develop Policies for Behavioral Targeting: Behavioral 

profiling will be a major focus of CDT’s 

consumer privacy efforts in 2008. Building on the 

proposals CDT and others presented to the FTC 

last year, CDT will convene privacy advocates, 

consumer groups and companies to develop balanced 

approaches to the practice of behavioral 

targeting. Our strategy will focus on protecting 

privacy while allowing the online advertising industry 

to flourish. In addition, CDT will expand 

its e-forensic skills and use its extensive experience 

to research and bring to light the worst actors and 

practices in the behavioral targeting space. 

Combat Spyware: CDT will continue to coordinate 

the Anti-Spyware Coalition’s assault on spyware 

Security and Freedom 

in 2008. The Coalition has already hosted its fourth 

public workshop on anti-spyware efforts and will 

release guidelines for conducting tests of anti- 

spyware software. CDT will also offer advice to 

policymakers as they seek to address the spyware/ 

adware problem legislatively. 

Promote Compliance with Government Privacy 

Laws: The landmark E-Government Act of 2002, 

which CDT shaped, is due to be reauthorized in 

2008. It requires federal government agencies to 

conduct privacy impact assessments (PIAs) before 

developing or procuring information technology 

or initiating new collections of personal information. 

As part of the reauthorization process, CDT 

will urge lawmakers to ensure that federal agencies 

comply with the law and complete their PIAs 

in a timely fashion. CDT will also continue to advocate 

for strengthening the now-outdated Privacy 

Act to address the complexities of government 

data collection in the Internet era. 

Since the terrorist attacks of 9/11, the nation’s civil liberties have been under assault. New laws and 

Presidential actions have seriously eroded traditional checks and balances. Meanwhile, technological advancements 

serve as an unwitting co-conspirator, allowing the government to collect, share and analyze 

personal information, outpacing privacy protections we once took for granted. 

CDT is the leading organization Congress turns 

to for principled advice on balancing privacy and 

national security. We have testified on Capitol Hill 

more than any other public interest group, consistently 

arguing that the vital needs of the government 

can be met while still protecting the constitutional 

rights of innocent Americans. In recognition 

of our in-depth expertise, we are routinely consulted 

by Executive Branch officials. Because the 

digital revolution is fundamentally changing the 

privacy equation, CDT is taking the lead in developing a proactive agenda to strengthen privacy protections 

that have failed to keep pace with the march of technology. In 2008, defending innovation and privacy 

in the face of government surveillance demands will continue to be one of our priorities. 


Opposing Unchecked Surveillance of International 

Communications: Throughout 2007, CDT 

and our allies in the civil liberties community op- 

CDT is taking the lead in developing 

a proactive agenda to strengthen 

privacy protections that have failed 

to keep pace with the march of 

technology. 

posed efforts to amend the Foreign Intelligence 

Surveillance Act (FISA) to authorize warrantless 

surveillance of the international communications 

of people in the United States. We testified be- 



fore Congress, briefed the media, and developed 

pragmatic recommendations on how to accommodate 

the needs of intelligence agencies to conduct 

surveillance of overseas targets with speed and 

agility, while protecting the privacy of innocent 

Americans. 

Updating the Fourth Amendment: Privacy is 

being eroded by trends much stronger than the 

changes wrought by the PATRIOT Act or the FISA 

amendments. Digital technology is fast outpacing 

Fourth Amendment privacy protections and privacy 

statutes such as the Electronic Communications 

Privacy Act. Therefore, CDT has launched a 

proactive effort, the “Digital Fourth Amendment 

Project,” to develop support for legal reforms that 

will restore the right to privacy. Working through 

the Digital Privacy and Security Working Group, 

CDT has convened industry representatives, privacy 

advocates, and academics to identify gaps 

in current law and develop recommendations for 

restoring Fourth Amendment protections. The effort 

is directed at the courts as well. A legal brief 

signed by CDT and other groups was cited by a 

federal appeals court in ruling that e-mail users 

generally enjoy a constitutionally-protected right 

of privacy in their e-mail stored with a service provider 

(a holding now under review). 

Fighting off Mandatory Data Retention: Even 

though communications service providers and 

online companies already cooperate extensively 

with law enforcement investigations, including 

preserving user data when requested, the Administration 

has sought to require companies to retain 

even more information on their subscribers and 

for longer periods of time. CDT took a leading role 

in opposing data retention proposals advanced in 

Congress. Coordinating our efforts with diverse 

stakeholders, including service providers and 

child protection advocates, CDT worked for alternatives 

that will protect children and serve other 

law enforcement needs without placing unnecessary 

burdens on service providers or jeopardizing 

the privacy of innocent users. 

Resisting Technology Mandates: Despite the surveillance 

windfall from the digital age, the government 

has been trying to require additional surveillance 

features in communications networks. Such 

design mandates would stifle innovation, burden 

communications firms, and make tracking, sur- 


veillance and data collection even easier. In 2007, 

when the government asked the FCC to require 

further invasive features in digital services, CDT 

organized public interest group opposition, warning 

that such action carried broad implications for 

Internet access. We also led opposition at the FCC 

to proposals on 911 systems that would facilitate 

real-time location tracking of VoIP and cell phone 

users even in non-emergency situations. We urged 

the Commission to consider solutions that would 

serve public safety goals with minimal impact on 

privacy. 

Supporting Effective Guidelines for Information 

Sharing: The Administration moved forward 

to create the information-sharing environment 

(ISE) called for by the Intelligence Reform Act of 

2004, a potentially revolutionary system for exchanging 

personal information for counterterrorism 

purposes. Building on the work of the Markle 

Foundation Task Force on National Security in the 

Information Age, CDT urged the Administration 

to adopt strong privacy guidelines to govern the 

ISE. When weak guidelines were issued, CDT 

responded with a detailed analysis identifying 

threats to privacy, due process, and First Amendment 

rights. 

Challenging the Lack of Privacy Protections in 

Government ID Programs: The federal government 

has launched a number of identification 

programs that implicate personal privacy and security. 

In 2007, CDT filed extensive comments on 

the proposed regulations for the REAL ID Act and 

on the proposed use of RFID chips in the passport 

card and enhanced driver’s licenses. We urged the 

Department of Homeland Security to include privacy 

and security protections in the implementing 

regulations for REAL ID, and we called on Congress 

to repeal the Act or delay its implementation 

unless such protections were adopted. 

Developing Identity Privacy Principles: CDT’s 

work on authentication, RFID, government ID 

programs, and other identity issues relates both to 

consumer privacy and to our efforts to promote a 

reasonable balance between security and freedom. 

The draft “Privacy Principles for Identity in the 

Digital Age,” published last year, are intended to 

apply equally to commercial and governmental 

identification systems, both online and off.



Restore Checks and Balances on Surveillance: 

CDT will continue its efforts to resist further erosions 

in privacy protections and to restore checks 

and balances for intelligence surveillance. CDT 

will also push for reform of the standards for issuance 

of national security letters, which are FBI 

demands for bank, credit, communications, and 

other records, made without court approval. Judicial 

oversight of surveillance techniques is needed 

to protect the rights of Americans, and need not 

come at the expense of the government’s ability to 

obtain needed intelligence on terrorists. 

Revitalize the Fourth Amendment: In 2008, CDT 

will accelerate its campaign to revitalize the Fourth 

Amendment for the digital age. The campaign will 

include an educational effort to show policymakers, 

journalists and consumers how outdated court 

decisions and federal surveillance laws fail to adequately 

protect privacy in light of changing technology. 

Through our Digital Privacy and Security 

Working Group, we will work with companies and 

other public interest groups to comprehensively 

review the Electronic Communications Privacy 

Act, developing consensus on improved standards 

CDT President and CEO Leslie Harris with Sen. Patrick Leahy, 

author of ECPA and one of the leading Internet advocates in Congress. 

for government access to stored e-mail and civil 

discovery obligations, among other issues. With 

our new presence on the West Coast, we will draw 

additional companies into dialogue on this issue. 

We will continue to push in the courts for constitutional 

protections for location information, e-mail 

and other sensitive data. 

Oppose Mandatory Data Retention: CDT will 

continue its efforts to stop data retention mandates 

by working with law enforcement officials, policymakers, 

Internet companies and child protection 

advocates to identify solutions to legitimate law 

enforcement needs that do not put personal privacy 

and security at risk. 

Scrutinize Technology Mandates: The FCC is 

soon to decide whether to require that every computer, 

or other VoIP-capable device, be “automatically” 

locatable at any time, even outside of the 

emergency 911 context. The government is expected 

to continue to push for other design features 

to facilitate tracking, surveillance and data collection. 

In 2008, CDT will work with industry, other 

public interest groups and policymakers to oppose 

harmful government design mandates. 

Support Effective Guidelines for Information 

Sharing: CDT will continue its push for 

effective privacy guidelines to govern the 

sharing of information for counterterrorism 

purposes. We may include a focus on the 

activities of fusion centers: local, state and 

regional entities designed to “connect the 

dots” by sharing information about terrorist 

threats. Fusion centers can play an important 

role in responding to terrorism and 

crime, but effective safeguards are needed 

to protect the privacy of personally identifiable 

information that may flow through fusion 

centers. 

Promote the Identity Privacy Principles: 

In addition to further refining our “Privacy 

Principles for Identity in the Digital Age,” 

CDT plans on working with various stakeholders 

to write a series of case studies that 

look at the use of identity in different contexts 

and how the privacy principles would 

apply. 



Advocate for Privacy Protections in Government 

ID Programs: Final REAL ID regulations published 

in January 2008 lacked privacy and security 

protections. CDT will urge Congress to repeal or 

rewrite the fundamentally flawed REAL ID Act 

and also to revisit the Driver’s Privacy Protection 

Act, to ensure that it provides the needed protec- 

Copyright 


tion of personal information held by motor vehicle 

departments. CDT will also continue to encourage 

the Departments of State and Homeland Security 

to reconsider the use of insecure RFID chips in 

border crossing documents such as the passport 

card and enhanced driver’s license. 

Protecting intellectual property while encouraging technological innovation continues to pose difficult 

policy and legal challenges with major implications for commerce, creativity and the development of new 

technology. New online outlets for interaction, collaboration and user-generated content creation are flourishing 

as broadband brings faster connections to more people. This is sparking new debate, not just on 

what to do about users uploading infringing content, but also about the scope and role of fair use in the 

Internet 2.0 world. 

CDT is committed to finding a workable and balanced 

path forward to address the new and often 

novel copyright disputes that arise in the digital 

age. Sound copyright policy must respect intellectual 

property without chilling innovation or limiting 

technology’s ability to empower users with 

expanded choice and creativity. 


Opposing Liability Based on Services’ Use of 

Remote Storage: CDT played a central role in coordinating 

a broad-based response to a troubling 

District Court decision holding that Cablevision’s 

remote digital video recorder (DVR) involved 

copyright infringement simply because it stored 

programs on a remote server. The opinion, if upheld, 

would have serious adverse consequences for 

networked services of all kinds. CDT convened interested 

parties and spearheaded an amicus brief 

on appeal, obtaining broad participation from 

public interest groups and technology and telecom 

associations. 

Promoting Consumer Friendly DRM: Properly 

deployed, digital rights management technology 

(DRM) can be a legitimate tool to protect intellectual 

property in the digital environment. But DRM 

should respect consumers’ legitimate expectations 

and permit a variety of uses. Through publications 

and speaking appearances, CDT continued to 

promote consumer awareness and evaluation of 

CDT is committed to finding a workable 

and balanced path that addresses 

the new and often novel 

copyright disputes that arise in the 

digital age. 

DRM, using the metrics for evaluating DRM that 

we first laid out in a 2006 paper, in order to help 

consumers drive the marketplace. 

Developing Privacy Principles for Digital Watermarking: 

Digital watermarking is a technology 

that allows each copy of a song or other file to be 

individually identified and possibly linked to a 

specific user. The technology has clear potential 

for discouraging copyright infringement, but also 

raises privacy issues. Last year, CDT began talks 

with digital watermarking companies to identify 

the potential privacy issues raised by various uses 

of their technology. CDT convened a range of privacy 

advocates to gather input and began drafting 

a set of proposed privacy principles that companies 

deploying watermarking applications could 

follow. 

Protecting Consumers from Suspect Music 

Download Sites: Consumers are being duped by 

websites that claim to offer legal music downloads


Beware of Potentially Deceptive Fee-Based Download Services 

Thinking of signing up and paying money to a music download service that looks legitimate and perhaps even claims to be “legal?” 

Check our list first. 

Unfortunately, some sites may be happy to take your money, and may leave you with the impression that they are legal sources of a 

full range of music – including the top performers and music labels – but they are not licensed distributors of at least a substantial 

quantity of mainstream music. In particular, the sites on our list promote themselves in ways that suggest their music catalog is 

relatively comprehensive, when in fact they appear to have done nothing to license or otherwise ensure the legality of any downloads 

from the major music labels. Even where these sites include “legal information” cautioning users against illegal downloading, that 

information is not sufficiently clear, or prominent, or specific to prevent users from mistakenly perceiving the sites as sources of 

lawful copies of most mainstream music. 

In short, if you are an Internet user in the United States and you pay money to one of these services with the intention of being a lawful 

online music user, you may get less than you bargained for. 

Background – CDT Complaint and FTC Case 

In March 2005, CDT filed a complaint at the Federal Trade Commission (FTC) alleging that two download Web sites were deceptively 

claiming to offer “100% legal” music and video downloads in exchange for a subscription fee. The complaint alleged that users were 

led to believe that the subscription fee entitled them to make downloads legally, when in truth the sites merely provided software and 

instructions for using free file-sharing networks on which copyright infringement is common. CDT noted that this kind of duplicitous 

practice can both mislead individual consumers and, by sowing confusion, undermine the marketplace for legitimate digital download 

services. 

The Federal Trade Commission brought charges against one of the Web sites, mp3downloadcity.com, obtained an injunction in 

federal court, and ultimately reached a settlement with the Web site operator in May 2006. The settlement required the operator to 

make refunds to customers, to refrain from further misleading claims, and to disclose the legal risks of downloading copyrighted 

material from peer-to-peer networks. 

While the FTC case only addressed the practices of mp3downloadcity.com, a variety of other Web sites appear to continue to engage 

in behavior that raises similar concerns. Although these sites now avoid overt claims such as “100% legal,” their promotional materials 

and any discussion of legal issues still offer limited, confusing, or misleading information about the true legal status of the downloads 

they purport to offer. 

CDT’s Music Download Services “Warning List” 

(last updated December 2007) 

Below, CDT lists the Web addresses of a number of services that, on the surface, may resemble fully licensed music download or 

subscription services – but upon more careful inspection, appear to advertise or at least imply the availability of music to which they 

have not secured the rights. Thus, U.S.-based subscribers/customers of these Web sites download copyrighted music or other content 

at their own risk. (We have not investigated whether these sites have licensed or otherwise obtained rights to distribute mainstream 

music in other countries.) 

Specifically, each Web site on this list: 

1. Advertises, describes, or promotes itself in ways that either state or imply that its offerings include music from the major record 

labels; 

2. Charges fees to users; 

3. Creates a risk of consumer misunderstanding about the legal status of music downloads available through the site – either 

through statements or omissions in the way it characterizes its service or legal status, or by making important legal disclosures 

too obscure or hard to find to be useful; 

4. Does not appear, according to the Recording Industry Association of America, to be authorized to distribute major label music in 

the United States – and as best we can tell does not disclose that fact prominently to potential users; and 

5. Failed to provide a satisfactory response to a letter from CDT, mailed to the address associated with the Web site’s domain name 

registration, providing an opportunity to explain why the Web site should not be placed on this list. 

when in fact they do not have rights to the songs 

they advertise. Such sites have the potential not 

just to mislead individual consumers, who may 

believe they are paying for lawful downloads, but 

also to sow confusion that may undermine the 

development of the lawful digital content marketplace. 

In 2005, CDT filed a complaint with the 

FTC regarding a suspicious music download site; 

the FTC substantiated CDT’s complaint and successfully 

pursued an enforcement action against 

the site in court. In 2007, we continued research- 

Copyright © 2008 by Center for Democracy and Technology. 

The content throughout this Web site that originates with CDT 

can be freely copied and used as long as you make no substantive 

changes and clearly give us credit. Details. 

CDT launched the Download Music Warning List to alert consumers to 

potentially deceptive fee-based download services. 

ing the issue and identified a number 

of additional sites that look like 

lawful subscription sites, but in fact 

are not. Late in 2007, CDT launched 

a Web-based warning list to publicly 

expose such sites and serve as a resource 

for consumers. 

Helping Defeat a Troubling Broadcast 

Treaty: CDT participated in a 

coalition of public interest groups, 

technology associations, and Internet 

service providers opposing a 

proposed World Intellectual Property 

Organization (WIPO) treaty 

that would have granted broad, new, 

intellectual property-like rights to 

broadcasters, cablecasters, and possibly 

webcasters. In June, the efforts 

of the coalition paid off when the relevant 

WIPO working group failed to 

reach any consensus on fundamental 

questions of scope and approach, 

causing the treaty drafting effort to 

be shelved. 


Promote Privacy Principles for Watermarking: 

CDT will complete its 

collaborative effort to develop privacy 

principles for digital watermarking 

technologies and will work to 

promote adoption of the principles 

by parties involved in implementing 

digital watermarking schemes. 

Investigate the Policy Implications 

of Filtering: Increasingly, intermediaries 

such as user-generated content 

sites and Internet service providers 

are being pressured to adopt 

filtering technologies aimed at excluding or otherwise 

restricting copyrighted content from flowing 

into the Internet’s public spaces. The policy implications 

of such filtering have not been carefully 

explored. CDT intends to release an analysis of 

the issues raised by filtering and to educate policymakers 

and other interested parties. Our goal 

is to promote a more nuanced understanding of 

what is at stake when filtering demands are made, 

and how different filtering scenarios may affect 



free expression, Internet openness and consumer 

choice. 

Oppose Design Mandates: CDT will continue to 

oppose efforts to impose design mandates on technology, 

whether through legislation or regulation. 

CDT will work to ensure that policymakers understand 

the adverse impacts that design mandates 

could have, and we will suggest more balanced 

approaches to addressing copyright concerns. 

Internet Architecture 

Preserving the Internet as an open platform for speech and innovation, without gatekeepers or central 

control, has been a defining issue for CDT. The proliferation of innovative applications, technologies, and 

services that has characterized the Internet’s history so far – from the creation of the World Wide Web itself 

to the emergence of instant messaging to the phenomenon of user-generated content – is directly related to 

the neutral and open quality of the platform. This openness depends on the practice of nondiscriminatory 

routing and the freedom to offer new services or content at the edges of the network without negotiating 

with network operators. 

At the same time, extensive or burdensome regulation 

is clearly not desirable. Overbroad rules could 

slow network deployment and interfere with legitimate 

network management. 

For these reasons, the debate over “Internet neutrality” 

is central to the future of the Internet. CDT 

is committed to “light touch” rules that will preserve 

the core attributes of openness and freedom 

to innovate and prevent harmful discrimination, 

in a manner that is compatible with the public in- 

terest in infrastructure investment and the needs for sound network management. 

In 2007, lawmakers and regulators debated the question of whether a service provider could discriminate 

among Internet traffic based on user identity or the type of application. A new branch of the debate 

focused attention specifically on wireless and mobile phone networks. And developments in the marketplace 

– including the decision by Verizon Wireless to open its mobile network to third-party devices 

– reflected both the importance and the fluidity of the issue. 


Presenting the Internet Neutrality Case to the 

Regulatory Agencies: In 2007, both the Federal 

Trade Commission and the Federal Communications 

Commission examined aspects of the Internet 

neutrality issue. CDT spoke and submitted 


Oppose Overbroad Liability Exposure for Innovators: 

Court cases and proposed legislation 

raise important questions concerning when, and 

to what extent, developers of innovative technologies 

and services can be held liable if their products 

and services entail some copying or storage of 

data or can be used by third parties for copyright 

infringement. CDT will continue to monitor the 

courts and the legislative arena, and inform policymakers 

regarding the risks that overbroad liability 

poses to innovation. 

The “Internet neutrality” debate is 

crucial. CDT is committed to “light 

touch” rules that preserve the core 

attributes of openness, freedom, 

and innovation. 

written comments in connection with the FTC’s 

February workshop on the subject. Later in the 

year, CDT submitted formal comments in the Federal 

Communications Commission’s inquiry about 

discrimination and traffic management practices


in the broadband industry. To both agencies, CDT 

described the risks of increasing gatekeeper control 

on the Internet and explained that pro-neutrality 

policies need not be expansively regulatory. 

CDT also suggested monitoring and transparency 

measures as proactive steps the agencies could take 

without creating any new regulatory structure. 

Getting Specific in Defining the Problems and 

Concerns: The neutrality debate has been muddied 

by a lack of clarity about what specific ISP 

practices in prioritizing traffic or limiting uses 

might pose concerns and what practices are necessary 

or beneficial for network management or 

other unobjectionable purposes. In late 2006 and 

early 2007, CDT convened a group of technologists, 

advocates, and industry leaders to discuss the issues 

with greater specificity. Comments CDT submitted 

to the FCC in June included an extensive 

list of potential ISP behaviors that would involve 

treating some types of Internet traffic differently 

from others and provided an analysis on which of 

those behaviors seem problematic and which not. 

Weighing in for Openness Requirements in 

Broadband Spectrum Auction: Wireless broadband 

access, especially over cell phones and other 

mobile devices, holds tremendous potential for 

expanded Internet access and services. The FCC’s 

auction this year of a major block of broadband 

spectrum has extensive implications for the future 

of the Internet. Last year, as the FCC was setting 

rules for the use of this spectrum, CDT urged the 

Commission to promote new competitive alternatives 

for general-purpose broadband Internet service. 

CDT argued that including preconditions re- 

lating to neutrality would help foster competition 

and innovation on the newly available airwaves. 

The FCC ultimately included significant openness 

requirements in its auction rules. 

Working to Protect Innovation: As the Internet 

matures, the pressure grows to make it look and act 

like traditionally regulated networks. As described 

above with respect to our work on freedom and security, 

CDT urged the FCC in two proceedings on 

the creation of a more sophisticated 911 system to 

avoid imposing burdensome and privacy-invasive 

design requirements on Internet technology. 


Promote a Deeper Dialogue on Internet Neutrality: 

CDT will seek to promote a more extensive 

dialogue on neutrality, addressing such crucial issues 

as: what constitutes appropriate and beneficial 

“traffic management;” how can usage-based pricing 

or other nondiscriminatory solutions address 

legitimate bandwidth concerns; and how to ensure 

greater transparency to subscribers vis-à-vis ISP 

practices of favoring some traffic over others. 

Educate the Candidates: CDT will work to inform 

presidential and other 2008 election cycle 

candidates about the benefits of preserving the 

Internet’s open architecture. 

Protect Innovation: CDT will continue to seek to 

protect the ability to innovate on the Internet, free 

from government mandates. 



Digital Democracy 

New technologies offer tremendous potential for government transparency, citizen engagement, and access 

to information. Digital technology provides an easy, inexpensive means to make vast amounts of information 

readily available to the public. But progress toward true e-government has been slow. In recent 

years, government secrecy has steadily increased. Implementing open government at the federal, state and 

local levels has been ad hoc at best. 

Having a useful, information-rich Web site is no 

longer simply a value-added bonus for government 

agencies: It is essential to effective and responsive 

governance. As Americans increasingly manage 

their business, personal and financial affairs electronically, 

they rightfully expect their government 

to make services and information readily available 

over the Internet. 

CDT has been a leader in promoting greater access to information and use of interactivity by government. 

CDT works to ensure that governments at all levels take full advantage of digital technology in providing 

information to the public. This includes challenging efforts to artificially limit the availability of public 

information online and urging government agencies at all levels to make sure their online offerings are 

equally accessible to users of all major operating systems and browsers. When agencies do not move to put 

non-classified information online, CDT works to find innovative ways to make the information available 

and searchable. 


Exposing Hidden Government Information: Last 

year, CDT learned that, incredibly, a fair amount 

of federal government information posted on government 

websites could not be found by using the 

popular Internet search engines. Even the search 

engines on the government’s own websites could 

not find the information, buried deep in the sites, 

rendering it essentially secret. CDT, working with 

OMB Watch, released “Hiding in Plain Sight,” a report 

highlighting this critical gap in online access 

to vital government information. The report, presented 

to Congress, explained how a simple technological 

flaw in government websites prevented 

the information from being found; the report recommended 

an equally simple technological fix. 

Promoting Accessibility of Public, Online Government 

Information: The amount of government 

data that remains inaccessible to the public 

is inexcusable. Government agencies could easily 

expand their online resources if they adopted 

readily available records management and search 


CDT works to ensure that governments 

at all levels take full advantage 

of digital technology in providing 

information to the public. 

technologies. In 2007, CDT brought together open 

government and technology experts, in collaboration 

with advocacy groups and top technology 

companies, to spotlight the government information 

accessibility issue and present solutions. 

Expanding OpenCRS: CDT continues to work toward 

full public access of Congressional Research 

Service reports, which address the full range of 

policy issues facing the nation. Currently these 

reports are available online only to Members of 

Congress and their staff. Citizens can obtain these 

important taxpayer funded resources only from 

Members through regular mail. Many of the reports 

are sold commercially, to those who can afford 

to subscribe. CDT’s groundbreaking Open- 

CRS project, which collects CRS reports that have 

become public and makes them readily available 

online, has become a critical resource for reporters, 

consumer groups, researchers, and advocates, 

with more than six million reports downloaded.


Summary 

In 2002, the E-Government Act was signed into law with noble goals, including "to promote access to 

high quality Government information and services across multiple channels" and "to make the Federal 

Government more transparent and accountable." In many respects, the law has been successful, 

including encouraging agencies to work together to build Web sites that allow users to find information 

by its content and not only where it is housed in the bureaucracy. However, as more individuals use 

commercial search engines to find government information, making information accessible to search 

by various sources has become an important goal. Unfortunately, many important information sources 

within the federal government are essentially hidden from the very search engines that the public is 

most likely to use. 

In this report, we examine search queries that we believe Americans would expect to result in 

authoritative and trustworthy government information showing up prominently in their search results. In 

an examination of Google, Yahoo, Microsoft Live and Ask and the search function provided by 

USA.gov, we confirmed that many of these searches miss critical information simply because of the 

manner in which the government agency has published the information. For example: 

A search for "New York radiation" does not find basic FEMA and DHS information about 

current conditions and monitoring. 

A search to help grandparents with a question about visitation of their grandchildren in any search 

engine does not turn up an article of the same title located on the Web site of the Administration for 

Children & Families. 

A search for "small farm loans" turns up the commercial offers for loans, and statistics about 

government loans, but not most of the major federal government programs designed to help fund 

small farms. 

We have several recommendations for the federal government. Each of these would encourage greater 

accessibility of government information by making it more searchable. 

Congress should pass the E-Government reauthorization act, which would require the Office of 

Management and Budget (OMB) to create best practices to encourage searchability of federal Web 

sites. 

OMB should officially recognize the importance of commercial search engines to Internet users and 

work with the CIO Council to adopt policies to help users find information. 

Agencies should adopt an information policy that makes public accessibility of online content and 

resources a priority. 

Agencies should create Sitemaps of content on their sites, with special attention given to materials 

stored in databases and accessible only through drop-down menus. For example, many agencies 

have FAQ databases that are not accessible to search crawlers but contain very succinct and useful 

answers to common questions. 

Agencies should review their use of robots.txt files in order to ensure they are used in the least 

restrictive way possible. Every effort should be made to include, rather than exclude, materials from 

the website, whether materials were excluded purposefully or accidentally in the past. 

This report serves only to spotlight a critical gap in the accessibility of government information; we don't 

seek to punish or embarrass government agencies here. We also do not know whether some agencies 

purposefully choose to exclude their information from search engines, or whether the agencies don't 

know how to make this information more available. We hope that this report will call attention to this 

issue and encourage federal agencies to review their information policies. 

Next section: Table of Contents 

In 2007, we added new features such as posting 

“Fugitive Lists” that have been highly effective in 

retrieving missing reports, and using RSS feeds to 

automatically alert subscribers to newly added reports. 

At the same time, we continue to press Congress 

for direct public access. 

Supporting Legislative Action to Expand Open 

Government: With CDT’s support, Congress en- 

Copyright © 2008 by Center for Democracy and Technology. 

The content throughout this Web site that originates with CDT 

can be freely copied and used as long as you make no substantive 

changes and clearly give us credit. Details. 

Massive amounts of vital, unclassified government information is inadvertently 

hidden from Internet search engines. This report chronicles the reason 

and provides the solution. 

acted the Open Government Act, 

which made significant reforms 

to the Freedom of Information 

Act, reinforcing fundamental expectations 

of government openness. 


Promote Accessibility of Government 

Information on the 

Internet: CDT will work with 

open government advocates and 

legislators to help pass a bill that 

will make CRS reports freely 

available to the public. We will 

also work to ensure that new 

provisions in the E-Government 

Act are carried out. The goal is to 

make public government information 

fully accessible via online 

search engines. 

Develop an Openness Agenda 

for the New Administration: 

The next President will have an 

opportunity to promote accessibility 

of government information, 

transparency, and public 

participation. Working with other 

advocates, CDT will develop 

recommendations for the new 

administration, providing a road 

map of technology and privacy 

issues, with recommendations 

for immediate improvements. 

Increase the Capabilities of 

OpenCRS: CDT is committed to 

improving the capabilities, convenience, 

and scope of OpenCRS. By adding new 

Web 2.0 features, OpenCRS will become more userfriendly 

and will continue toward its goal of creating 

a complete collection of CRS reports with the 

help of individual legislators and the public. CDT 

is also working to promote congressional efforts to 

make CRS reports directly available, through legislation, 

Senate resolution or through the actions of 

individual Members. 



Global Internet 

The Internet’s exponential growth outside of the United States – particularly in the developing world – 

has been among its greatest success stories. At the same time, the emergence of the Internet as a critical 

platform for global commerce and communications has given rise to a new slate of challenges. Developing 

nations still face a “digital divide,” due in significant part to outdated national policies that stifle competition 

and innovation. Governments around the world are legitimately interested in child protection and 

network security, but often impose solutions that threaten openness and end-to-end control. Others seek to 

restrict legitimate content and to monitor and control users for political reasons. Debate continues to swirl 

around “Internet governance.” To realize the economic and democratic potential of the global Internet, 

these policy challenges must be met. 

Internet policy developments in the U.S. have 

global impact, but it is equally true that U.S.-based 

companies and U.S-based users are affected by 

laws and policies adopted beyond America’s borders. 

Of necessity, CDT must work in global policy 

forums to promote a legal and policy framework 

rooted in the principles of openness, human 

rights, competition and innovation. We continue 

to seek ways to assist policy reformers in developing 

countries. 


Developing a Roadmap for Principled Corporate 

Expansion Globally: The services provided by 

multi-national Internet companies are critical to 

fulfilling the Internet’s potential as a powerful tool 

for democracy and human rights. Yet as the Internet 

expands around the world, Internet companies 

and other communications providers are increasingly 

faced with demands from countries to censor 

content and breach the privacy rights of users. 

In 2007, CDT partnered with Business for Social 

Responsibility to convene leading Internet companies, 

human rights groups, academics, investors 

and others. The group proceeded from the 

premise that multi-national Internet companies 

should operate in all countries because their services 

contribute to democratization and development, 

but that such companies should seek in their 

dealings with all governments to promote policies 

and practices supportive of privacy and free expression. 

Through an intensive drafting process, 

the group is nearing completion of a set of human 

rights principles to guide Internet companies 

around the world in responding to government 

demands for censorship or disclosure of subscrib- 


CDT works in global policy forums 

promoting principles of openness, 

human rights, competition and innovation, 

while seeking ways to assist 

policy reformers in developing 

countries. 

er data. To accompany the principles, the project is 

also developing a framework for implementation 

and accountability. 

Defending the Multi-Stakeholder Model in 

Governance Debates: CDT had a major presence 

at the second Internet Governance Forum in Rio 

de Janeiro in November 2007, helping to organize 

and presenting on three panels and strengthening 

relationships with participants in the formation of 

Internet policy from around the world. Concerned 

that continuing misunderstandings about the nature 

of “Internet governance” could lead to more 

bureaucratic approaches and raise barriers to innovation, 

CDT issued a paper exploring how the 

Internet had flourished under a governance structure 

that includes empowered users, private parties 

in contractual arrangements, national regulators, 

regional and international governmental institutions, 

and non-governmental, voluntary standards 

bodies. CDT also continued to encourage greater 

openness and transparency in the operations of 

the Internet Corporation for Assigned Names and 

Numbers (ICANN).



Translate Voluntary Principles into Meaningful 

Practice: We expect to bring to conclusion the 

first round of the intensive process to develop voluntary 

corporate responsibility principles for the 

Internet industry on free expression and other human 

rights. This will include adopting an accountability 

framework that can monitor the implementation 

of the principles. Thereafter, CDT expects 

to work with the signatories to the principles to 

develop a governance structure to support implementation, 

accountability, shared learning and 

collaboration on strategies in support of global Internet 

freedom. 

Engage Effectively in Regional and International 

Policy Forums: CDT’s work is highly respected 

in regional and international 

forums, but our engagement 

internationally 

has been ad hoc. In 2008, 

we will seek to establish a 

more systematic participation 

in policy development 

internationally. Our immediate 

goal is to establish a 

CDT capacity to engage in 

and influence the development 

of Internet policy in 

Europe, “translating” our 

work for use in the European 

context and responding 

to European policy initiatives 

that have global implications. 

We will also likely 

participate in the third In- 

ternet Governance Forum, 

to be held in New Delhi in 

December 2008. In preparation 

for that meeting, we 

will endeavor to turn the 

emphasis to practical solutions 

for the core concerns 

of security, openness, access, diversity and critical 

Internet resources. 

Support Policy Reform in Developing Countries: 

There remains an unanswered need for policy expertise 

in developing and transitional countries, 

where Internet advocates struggle with outmoded 

legal systems, entrenched monopolies, and the 

challenges of convergence. In 2008, CDT will seek 

funding to build on the success of our Global Internet 

Policy Initiative (GIPI) to work with local 

Internet policy advocates, strengthening information 

sharing and networking building among 

government officials, civil society groups, and entrepreneurs 

committed to the growth of an open, 

affordable and widely accessible Internet. 

CDT President Leslie Harris and CDT Chairman Jerry Berman (center) with 

Microsoft Chairman Bill Gates. In March of 2007, CDT was joined by 900 of its 

friends for an evening of celebration and networking. Gates and Senator Patrick 

Leahy stirred attendees with their visions for the future of the Internet. The fundraiser 

gave CDT a chance to connect with old colleagues and supporters while introducing 

its accomplishments to new friends. Beginning in 2009, CDT plans to make 

the gala an annual event. 



Publications 

John Morris and Jon Peterson, “Who’s Watching 

You Now?” IEEE Security and Privacy Magazine, 

Vol. 5, Issue 1 (January/February 2007) 

Ari Schwartz, “Congressional Research Service 

ought to be open to public,” The Washington Examiner 

(April 18, 2007) 

Leslie Harris and Matt Stoller, “Inexplicable anomaly,” 

The Hill (May 15, 2007) 

Leslie Harris, “High Speed Alternatives May Be 

Coming Soon,” ABC News (June 14, 2007) 

Search Privacy Practices: A Work In Progress, CDT 

Report (August 8, 2007) 

Leslie Harris, “Creating Marketplace Competition 

for Privacy,” ABC News (August 15, 2007) 

Ari Schwartz, Chapter 17: Scenario on “Ubiquitous 

Identity Theft” L. Jean Camp (author), Economics of 

Identity Theft: Avoidance, Causes, and Possible Cures 

(2007) 

Ari Schwartz, “A turn in the Antispyware war?” 

CNet News, (October 3, 2007) 


Leslie Harris, “The Slippery Slope of Web Censorship: 

From China to the U.S., the Global Implications 

of Internet Blocking,” ABC News (October 

25, 2007) 

Consumer Rights and Protections in the Behavioral 

Advertising Sector, CDT report (October 31, 

2007) 

Leslie Harris and James X. Dempsey, “Safety Net,” 

L.A. Daily Journal (November 23, 2007) 

James X. Dempsey, “The Internet at Risk: The Need 

for Higher Education Advocacy,” EDUCAUSE Review, 

Vol. 42, No. 6 (November/December 2007) 

Leslie Harris, “Who’s Tracking Your Web Movements?” 

ABC News (December 4, 2007) 

Hiding in Plain Sight: Why Important Government 

Information Cannot Be Found Through Commercial 

Search Engines, CDT and OMB Watch report 

(December 11, 2007) 

Music Download Warning List: Beware of Potentially 

Deceptive Fee-Based Download Services, 

CDT Report (December 26, 2007)


Congressional Testimony 

Balancing Privacy and Security: The Privacy 

Implications of Government Data Mining Programs, 

Leslie Harris before the Senate Judiciary 

Committee (January 10, 2007) 

Consumer Protection Issues, Ari Schwartz before 

the House Appropriations Subcommittee on Financial 

Services and General Government (February 

28, 2007) 

Combating Spyware: H.R. 964, the Spy Act, Ari 

Schwartz before the House Energy and Commerce 

Subcommittee on Commerce, Trade, and Consumer 

Protection (March 15, 2007) 

National Security Letters, Jim Dempsey before the 

House Intelligence Committee (March 28, 2007) 

CDT staffers meet during a retreat to sketch out the organization’s agenda for 2008. 

Federal Trade Commission Reauthorization, Ari 

Schwartz before the Senate Commerce Committee’s 

Subcommittee on Interstate Commerce Trade 

and Tourism (September 12, 2007) 

FISA and the Protect America Act, Jim Dempsey 

before the House Intelligence Committee (September 

18, 2007) 

FISA and the Protect America Act, Jim Dempsey 

before the Senate Judiciary Committee (September 

25, 2007) 

E-Government 2.0, Ari Schwartz before the Senate 

Committee on Homeland Security and Governmental 

Affairs (December 11, 2007) 



Appearances before Government Agencies 

Leslie Harris, U.S. Department of State Conference 

on Global Internet Freedom (January 30, 2007) 

David Sohn, Federal Trade Commission workshop 

on Broadband Connectivity Competition (February 

14, 2007) 

Sophia Cope, Department of Homeland Security 

Data Privacy and Integrity Advisory Committee 

public hearing (March 21, 2007) 

Ari Schwartz, Federal Trade Commission Workshop, 

“Proof Positive: New Directions for ID Authentication” 

(April 23, 2007) 

Ari Schwartz, NIST Information Security and Privacy 

Advisory Board (June 8, 2007) 

Leslie Harris, U.S. Department of State, Democracy, 

Human Rights, and Labor Officers Conference, 

“Defending the Defenders” (July 19, 2007) 

Ari Schwartz, U.S. Department of Commerce, International 

Trade Administration, Identity Management 

and International Business Roundtable 

(September 18, 2007) 


Ari Schwartz, Federal Trade Commission Town 

Hall Meeting, “Ehavioral Advertising: Tracking, 

Targeting, and Technology” (November 2, 2007) 

Alissa Cooper, Federal Trade Commission Town 



Leslie Harris, Federal Trade Commission Town 



Jim Dempsey, California State Legislature Research 

Bureau, RFID hearing (October 31, 2007) 

Ari Schwartz, European Commission Conference 

on Public Security, Privacy and Technology (November 

20, 2007) 

Sophia Cope, DHS Privacy Office Public Workshop, 

Best Practices for CCTV Surveillance (December 

18, 2007)


Leslie Harris, President and Chief Executive Officer 

Staff 

Ari Schwartz, Vice President and Chief Operating Officer 

Jim Dempsey, Vice President for Public Policy 

John Morris, General Counsel and Director, Internet Standards, Technology and Policy Project 

David Sohn, Senior Policy Counsel and Director, Project on Intellectual Property and Technology 

Brock N. Meeks, Director of Communications 

Alissa Cooper, Chief Computer Scientist 

Greg Nojeim, Senior Counsel and Director, Project on Freedom, Security and Technology 

Sophia Cope, Staff Counsel and Plesser Fellow 

Danielle Wiblemo, Office Administrator 

Heather West, Program Associate 

Joshua Ruihley, Senior Technology Strategist 

Fellows and Adjunct Staff 

Janlori Goldman, Senior Advisor, CDT Health Privacy Project 

George Sadowsky, Executive Director, Global Internet Policy Initiative (GIPI), 

a joint project of CDT and Internews 

Peter Swire, Policy Fellow 

Susan Crawford, Policy Fellow 



Jerry Berman, Chairman 


Board of Directors 

Hal Abelson, Professor of Computer Science and Engineering, MIT 

Fred Epstein, President, Sage Consultants, LLC, and Chairman, INDEECO 

Morton Halperin, Director of U.S. Advocacy for the Open Society Institute, 

Senior Fellow and Director of the Security and Peace Initiative at the Center for American Progress 

Leslie Harris, President and CEO 

Beryl Howell, Managing Director, Stroz Friedberg, LLC 

Larry Irving, President, Irving Information Group 

Judith F. Krug, Director, Office for Intellectual Freedom, American Library Association 

Mark Lloyd, Vice President-Strategic Initiatives, Leadership Conference on Civil Rights 

Daniel Weitzner, Technology and Society Policy Director, World Wide Web Consortium 

Tracy Westen, President, Center for Governmental Studies

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