Information Technology Reference
In-Depth Information
Jerry Berman
Jerry Berman is the founder and chairman of the board of directors for
the Center for Democracy and Technology (CDT). CDT is a Washington,
DC-based Internet public policy organization founded in December
1994. CDT plays a leading role in free speech, privacy, Internet
governance, and architecture issues affecting democracy and civil
liberties on the global Internet. Mr. Berman has written widely on
Internet and civil liberties issues and often appears in print and
television media. He has testified before the US Congress on Internet
policy and civil liberties issues.
Prior to founding the Center for Democracy and Technology, Mr.
Berman was director of the Electronic Frontier Foundation. From 1978 to 1988, Mr. Berman was
chief legislative counsel at the ACLU and founder and director of ACLU Projects on Privacy and
Information Technology. Mr. Berman received his BA, MA, and LLB from the University of California,
Berkeley.
How did you get involved in Internet law?
When I worked on civil liberties and privacy at the ACLU in the early 1980s, the prevailing view was
computer databases and the rise of the computer state posed a major threat to privacy. This is true.
But at the same time there was the beginning of the use of the computer as a communications device,
and the start of data networks for communications purposes—the beginnings of the Internet. While
recognizing the threat to privacy, I saw that the Internet had the potential to facilitate and broaden
First Amendment speech.
In many ways my colleagues and I have been involved in trying to frame the law and to define privacy,
free speech, and how the Internet is governed. We're trying to sort out the “constitution” for this new
social space. By analogy, the Internet business community wants to make sure there's a “commerce
clause” to encourage robust commercial transactions over the Internet. We agree with that but also see
the need for a “bill of rights” to protect speech, privacy, and other democratic values. We have had
some successes, but the work is very much in progress.
The Internet is a more powerful communication medium than newspapers or television,
because it allows everyone with an Internet connection to express their views. How can
the Internet be anything but democratic?
Like any other technology, the Internet can be regulated. Other countries are exercising consider-
able control over what ISPs can connect to and what can reside on a server. Even a well-intentioned
Congress attempting to protect intellectual property to reduce theft of music and movies could man-
date technological changes to computers that make it difficult to use the computer in an open, inter-
connected way. So one way the Internet can be less than democratic is from bad laws and bad policy.
Another threat is from bad actors provoking bad law. Hackers, people stealing music, using spyware,
and engaging in online fraud can provoke policy responses that may have the unintended consequence
of undermining the openness of the Internet. We're seeing this now in legitimate efforts to combat
spam, spyware, and piracy. We need appropriate laws that combat these harms without harming the
openness of the Net. Finding the right solutions is what CDT is about.
