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4 Center for Democracy & Technology 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 Accomplishments and Objectives 2007-2008 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. 2008 Objectives 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 information. 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
Center for Democracy & Technology 5 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. 2007 Accomplishments 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- Accomplishments and Objectives 2007-2008
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