A List of Actors Influencing USA Privacy Debates

The following article was written by Team CommUNITY intern, Charlotte Woodham. It is the culmination of research she conducted this summer.

The global pandemic has created an increased need for privacy and data protection as we move our social and work lives online. The actors that hold a stake in this conversation are powerful, and it is important to identify and track the contributions made by said actors in order to maintain online privacy. Below you will find a list of actors that are influencing the privacy debate in the USA.

Privacy and Anti-Encryption Bills in the United States

In the United States specifically, states are enacting more privacy and data security laws, while Congress attempts to strip fundamental rights such as encryption. An example is the California Consumer Privacy Act, the Virginia Consumer Data Protection Act, and the Colorado Privacy Act, which all promote comprehensive privacy. 

Earn It Act

Anti-encryption bills in Congress have emerged in the last two years. 2020 saw the introduction of both the EARN IT Act and the Lawful Access to Encrypted Data Act. EARN IT, introduced by Senators Graham (R-SC) and Blumenthal (D-CT) seeks to tackle child sexual abuse material (CSAM) by coercing internet service providers to more aggressively police content on their platforms.  While this is a pressing issue, the bill’s approach threatens free expression online and the ability for providers to offer and for consumers to use end-to-end encrypted services . The EARN IT Act is not the solution to the problem since users with unethical or unlawful intentions will find other ways to circumvent approaches like this.

Lawful Access to Encrypted Data Act

The Lawful Access to Encrypted Data Act, introduced by Senators Graham (R-SC), Cotton (R-AR), and Blackburn (R-TN), pushes for a ban on providers offering end-to-end encryption in online services. This bill applies to operating systems, messaging apps, social media platforms, email, cloud storage, Xbox, and video conferencing. And most recently, Apple’s child protection feature which scans images sent on iMessage for content deemed as child exploitation. At the time of publishing this article Apple is delaying its child protection feature due to backlash from privacy advocates. (Note: These updates have been rescheduled to roll out later this year. This update will undermine encryption itself and open doors to increased surveillance and censorship around the world.)

Various actors such as the FBI, senators, or big tech companies are placing an attack on online privacy in the name of countering child abuse content, crime, terrorism, and disinformation. Yet, many policy and tech experts share that users with unethical or unlawful intentions will find ways to circumvent such policies. As such, these actors are effectively opening a backdoor to our private life.

Below are two tables: One that lists actors advocating for approaches that invade citizen’s privacy. Another that lists actors advocating for the privacy of citizens.

Actors Advocating for Approaches that Invade Citizen’s Privacy	Affiliation	Resources	Contributions
Lindsey Graham (R-South Carolina)	United States Senator	Head of Senate Judiciary Committee	Lawful Access to Encrypted Data Act EARN IT Act
Tom Cotton (R-Arkansas)	United States Senator	Select Committee on Intelligence Committee on the Judiciary	Lawful Access to Encrypted Data Act
Marsha Blackburn (R-Tennessee)	United States Senator	Committee on the Judiciary	Lawful Access to Encrypted Data Act
Federal Bureau of Investigation (FBI)	Government organization	NCMEC (the National Center for Missing & Exploited Children) Director of FBI Christopher Wray calls on Congress to restrict encryption for all Americans. Read about it here.	The lawful access challenge Trying to break “warrant-proof encryption”
Department of Justice	Congress held bipartisan hearings on Section 230 in the fall of 2019, and the attorney general hosted a summit on the matter in February 2020 with representatives from industry, law enforcement, and victim advocacy groups.	Proposes denying Section 230 immunity to truly bad actors. The title of Section 230’s immunity provision—“Protection for ‘Good Samaritan’ Blocking and Screening of Offensive Material”—makes clear that Section 230 immunity is meant to incentivize and protect responsible online platforms. It, therefore, makes little sense to immunize from civil liability an online platform that purposefully facilitates or solicits third-party content or activity that would violate federal criminal law.	Proposes exempting from immunity-specific categories of claims that address particularly egregious content, including (1) child exploitation and sexual abuse, (2) terrorism, and (3) cyber-stalking.
National Security Agency	Acting General Counsel Ariane E. Cerlenko	Law enforcement officials argue that encryption keeps them from accessing criminals’ devices, even under a court order or after death, and prevents them from detecting internet-based crimes like sharing images of child exploitation.	At its most mission-centered level, the NSA's role is signals intelligence. Key to signals intelligence is cracking encryption. The NSA lives to crack encryption.
Apple	Apple has championed end-to-end encryption services in the past, but 5 years later they have taken a disappointing turn.	This update also sets a precedent in democratic nations to expand machine learning parameters to modify the configuration of flags to scan, not only on minors’ devices but on everyones’.	Apple’s new “expanded protections for children” Ability to scan iPhone photos and alert the authorities if any of them contain child sexual abuse material (CSAM). While fighting against child sexual abuse is objectively a good thing, privacy experts aren’t thrilled about how Apple is choosing to do it.
Facebook	Silicon Valley big tech giant		Facebook’s cooperation with Cambridge Analytica efforts to micro-target users in order to persuade their presidential vote. Read about it here. Variety of data abuses such as selling user information to third parties without consent. Read about it here.
Google	Silicon Valley big tech giant		Google has been working on alternative advertising technology methods that replace third party tracking cookies. However, this update would still enable groups of internet users to be grouped by its algorithms in `interest bucket’ for ad targeting purposes which does not look great for internet users’ rights.

The following list details the individuals and organizations that have championed the push for freedom and privacy online. Although bills that place an attack on encryption have been introduced, Senators such as Ron Wyden have denounced such bills and exposed their harmful intentions towards online privacy.  Currently, the EARN IT Act and Lawful Access to Encrypted Data Act are at a stand still in the Senate. Outside of Congress, there is an array of non profit organizations and individuals that fight to maintain end-to-end encrypted services and online privacy. Many of those organizations and individuals that champion the fight against surveillance are outlined in the table below:

Actors Advocating for the Privacy of Citizens	Affiliation	Resources	Contributions
Ron Wyden (D-Oregon)	United States Senator	Co-creator of Section 230, the internet-defining 1996 law that has recently become the go-to target of Republican attacks on Big Tech companies. Section 230 of the CDA (Section 230) has been called “the 26 words that created the internet”. Section 230 gave every internet user the chance to be heard online, and gives websites and social media companies the power to take down vile and unwanted content without fear of being sued.	Tech, Internet, and Cybersecurity Criticism of EARN IT Act
Wafa Ben-Hassine	Human rights attorney	Principal on the Responsible Technology team at Omidyar Network	Leads efforts related to encrypted messaging platforms and the nature of safe and private online messaging spaces.
Daniel Castro	Vice President, Information Technology & Innovation Foundation	dcastro@itif.org	Writes and speaks on issues related to information technology and internet policy, including privacy, security, and intellectual property.
Electronic Frontier Foundation (EFF)	Leading nonprofit defending digital privacy, free speech, and innovation.	Take action with EFF	Advises policymakers and educates the press and the public through comprehensive analysis, educational guides, activist workshops, and more.
Open Technology Fund (OTF)	Independent non-profit organization committed to advancing global Internet freedom.	hello@opentech.fund	OTF supports projects focused on counteracting repressive censorship and surveillance, enabling citizens worldwide to exercise their fundamental human rights online.
Access Now	Defend and extend the digital rights of at risk users around the world	24/7 digital security helpline Influence policy makers with a human rights focus Leverage innovative campaign tactics Grants for grassroots organizations Legal support	RightsCon (Summit on human rights in the digital age).
Public Citizen	Nonprofit consumer advocacy organization that champions the public interest in the halls of power. They defend democracy, resist corporate power and work to ensure that the government works for the people – not for big corporations.	Protecting democracy Justice & the courts Making government work	Lead the #SaveWhatsApp Campaign
The Software Alliance (BSA)	Industry Trade Group established by Microsoft	What they offer: Education & awareness End-user enforcement License compliance services Global internet enforcement	Policy Filings & Resources
Fight for the Future	Group of artists, engineers, activists, and technologists who channel Internet outrage into political power to win public interest victories previously thought to be impossible.	Works on a lot of encryption	You can find their projects here.
Sandra Fulton	Does hill work	Policy Director at Free Press	Director of Surveillance and Free Expression Policy
Sean Vitka	The legislative fights he has been a part of include: defending federal funding for Planned Parenthood; supporting net neutrality; passing reforms to the Freedom of Information Act, among numerous other government transparency efforts; and ending mass surveillance.	Does hill work	Works for Demand Progress
Reform Government Surveillance (RGS)	Global coalition	Fights for governments around the world to address and reform laws and practices regulating government surveillance of individuals and access to their information.	RGS outlines their principles and ambitions here.
Privacy International	Charity based in London	Works at the intersection of modern technologies and rights.	Provides learning topics such as social media surveillance, mass surveillance, advertising technology , health tech in sexual and reproductive rights, tech at the border, & microtargeting.
Open Rights Group	Campaigning organization	Group that protects the digital rights of people in the UK including privacy and freedom of speech online.	Provides informational articles and videos. Signed a coalition that takes action against surveillance based advertising.
Center for Digital Democracy (CDD)	The CDD is recognized as one of the leading digital rights, consumer protection, and privacy organizations in the United States.	Annual Reports (2019, 2018, 2017)	Their areas of focus include: digital health, digital consumption, digital citizenship, & the digital youth.
Center for Democracy & Technology (CDT)	501(c)(3): non-profit organization	Their areas of focus include: cybersecurity & standards, equity in civic tech, free expression, government surveillance, open internet, & privacy & data.	Right now, CDT is fighting Apple’s deployment of machine learning that scans images in its text messaging service in a report here.