Introduction

For the first time since the Children’s Online Privacy Protection Act in 1998, U.S. policymakers are having serious discussions about passing meaningful legislation to protect consumer privacy. Renewed congressional focus comes in the aftermath of multiple high-profile data breaches and privacy scandals, unexpected backlash when Congress overturned the broadband privacy rules implemented by the Federal Communications Commission,¹ and the European Union’s General Data Protection Regulation going into effect. While the debate is long overdue, it has focused myopically on requiring transparency and consent for certain data practices and whether federal legislation should preempt state laws like the California Consumer Privacy Act. Too little of the conversation has been dedicated to ensuring that companies do not violate individuals’ civil rights through their data practices. In this formative stage, it is vital to center civil rights issues in the privacy legislation debate. Otherwise, we will miss a golden opportunity to protect against data practices that lead to civil rights harms.

This report builds on an event hosted on May 9, 2019 by Color of Change and New America’s Open Technology Institute that explored how to protect civil rights through better privacy protections.² Francella Ochillo, then vice president and general counsel of the National Hispanic Media Coalition (NHMC), delivered opening remarks. A subsequent panel, moderated by Color of Change’s senior campaign director Brandi Collins-Dexter, brought together Erin Shields, national field organizer for internet rights at MediaJustice;³ Alisa Valentin, then communications justice fellow at Public Knowledge; Miranda Bogen, senior policy analyst at Upturn; Priscilla González, campaign director at Mijente; and Gaurav Laroia, policy counsel at Free Press. The panel discussed key questions regarding privacy, digital rights, and civil rights, including: what role does technology play in our society?; how are marginalized communities disproportionately harmed by data practices and privacy infringements?; and what are some of the ongoing efforts and interventions to address these concerns?