As our society grows increasingly digitalized, internet users have seen the evolution of digital rights and online freedom with the introduction of new technologies and legislation. Developments in the United States, Germany, and the broader context of the European Union have illustrated similarities and differences in the approach to these issues, as well as room for transatlantic cooperation in the future. Whatever the approach, it is clear that there is a growing expectation of a minimum standard of privacy and freedom for internet users.
One issue that has taken center stage in recent debate is the tension between intellectual property and copyright. This past year saw intense debate surrounding the Anti-Counterfeiting Trade Agreement (ACTA) in Europe, along with both the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) in the U.S. While ACTA was a multinational trade agreement and SOPA/PIPA were U.S. bills proposed to protect creative intellectual property, both dealt with the shaky balance between IP rights and digital freedom. Indeed, in both cases civil society responded with disapproval. Opponents of ACTA criticized the secrecy of its negotiations and feared the potential for an extreme increase in surveillance. SOPA and PIPA legislation was criticized as threatening to free speech and innovation. While all three legislations generated discontent by the public, the strategies used by the opposition differed. In the U.S. some experts believe the downfall of SOPA/PIPA was due to reframing of the debate as a censorship issue rather than a copyright issue, accompanied by a new alignment between the IT industry and civil society. In Germany, and in other E.U. countries, large public protests were the main strategy to reduce the scope of ACTA. One of the groups who have pushed for more internet freedom has been the German Green Party (Bündis 90/Die Grünen).
Data privacy is another hotly contested issue in the realm of internet freedom. While the general consensus among experts is that E.U. lawmakers are more willing to enact online privacy laws than their U.S. counterparts—as seen by the active debates regarding employee data protection and abusing storage of personal data—there have been significant strides to promote data protection in the U.S. For example, the Obama Administration has been drafting a “Consumer Privacy Bill of Rights” for internet users, and Google has recently agreed to pay the Federal Trade Commission $22.5 million fine for violating online “do not track” promises.
In a recent tour of three U.S. cities, a visiting group of German internet experts hosted by the Heinrich Boell Foundation North America studied these issues and others. To gain a balanced view on the U.S. perspective as well as identify areas for transatlantic cooperation, the visiting group met with experts in the fields of academia, politics, industry and civil society, including public events at the New America Foundation in Washington, DC and the Goethe-Institut in San Francisco. The delegates met with fellows from the Berkman Center for Internet & Society, members of the Federal Trade Commission, the White House Science and Technology Office, Google and Wikimedia Foundation, among many others.
Ever since the establishment of the EU-US Safe Harbour Act in 2000, online privacy and data issues have unequivocally become a transatlantic issue. However, with recent developments in both the U.S. and E.U. it is evident that more needs to be done. Having concluded the tour, members of the visiting group believe there is room for transatlantic cooperation in a number of aspects related to internet policy, including the development of a positive agenda for copyright reform, increased research on the role of civil society, and the development of more reliable and international frames for data protection.