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Tech Lobby Offers Direction On Net Neutrality


The Center for Democracy and Technology asks Congress to use kid gloves when exerting any greater control over Internet content or design.



One of the most influential groups to lobby for technology policy has laid out its plans for shaping the Internet and technology this year.

The Center for Democracy and Technology released its legislative recommendations Tuesday and plans to distribute them to Congress. The recommendations cover free expression, network neutrality, digital copyright protection, national security, identity management, and digital democracy. The guidelines, issued with a series of specific policy statements, include opinions on legislation that has already been introduced, as well as suggestions for new proposals.

"The Internet did not evolve to become the powerful engine for democracy, communication, and commerce that we now take for granted in a vacuum," says Leslie Harris, executive director of CDT. "The flexible, lightweight policy framework that facilitated its expansion has come under strain in recent years as lawmakers have sought to exert greater control over Internet content and design. This Congress has the opportunity to re-establish a balanced, cohesive approach to Internet policy-making that will help to ensure its continued growth."

CDT policy director Jim Dempsey says some current bills are well-intentioned but could have unintended consequences.

"Some policy makers seem to have forgotten what makes the Internet special," he said. "Proposals to stem the flow of objectionable content, protect intellectual property, and prevent crime online -- all important goals -- often overlook the Internet's history and the nature of its architecture. We're trying to remind lawmakers of the policy choices that made the Internet successful, so they do not abandon those policies."

The group is urging Congress to fund education for parental controls, such as Internet filtering, while blocking the Deleting Online Predators Act and similar efforts to stop children and teens from accessing specific sites at school or in libraries. The CDT opposes mandatory labeling, as outlined in a bill that would require Web sites to label some content "sexually explicit."

"In addition to doing nothing to protect children from harmful material on the Internet, such legislation would be challenged almost immediately upon passage," the CDT policy statements explain. "The courts have repeatedly struck down such laws, despite aggressive efforts by federal and state attorneys to preserve them."

The CDT also urges Congress to maintain the openness of the Internet, though the group stresses that it supports Internet neutrality, not network neutrality.

"In particular, since broadband networks often carry cable television and other non-Internet services over much of their bandwidth, legislation should focus specifically on the portion of each broadband network dedicated to the Internet and should leave the non-Internet portion alone," CDT states.

The group also wants to ensure that Web sites and service providers are not held responsible for materials posted by users.

CDT is calling for a privacy package, which includes technology-neutral protections for personally identifiable information collected by businesses and safeguards for government data. It also wants higher penalties for spyware distributors. The government should require all of its own agencies to tell people when personal information has been lost or stolen, increase privacy audits, add privacy officers and increase their power, while also controlling the government's use of commercial data.

Congress should create a higher legal threshold for "digital search and seizure," repeal the REAL ID Act, reject mandates on communications and Internet providers to more easily allow government surveillance, and resist calls to increase data retention requirements, CDT said. Congress should also reassert its oversight regarding surveillance and reject any attempts to end lawsuits challenging federal surveillance, the CDT said.

The group wants Congress to take a balanced approach to copyright protection, balancing fair use and innovation against piracy concerns. Finally, the CDT is asking Congress to take several steps to promote digital democracy, including using the Internet and technology to increase government transparency.



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