Internet Policy

Every day, personal information is used to make important decisions: about what advertisements we see, what types of health care is offered in our communities, and what fields of study our educational institutes believe we are best suited for.

The collection, processing, and sharing of personal information can create serious risks for everyone. For racial minorities, people living with disabilities, people living in poverty, and other marginalized and underserved communities, the risks can be especially acute.

For example, advertisers can both intentionally and inadvertently use digital tools that allow for harmful discrimination in ad targeting, potentially reproducing historical patterns of discrimination in areas such as housing or employment opportunities. Even when targeting criteria does not directly use traits such as race or gender, proxy indicators of these characteristics can nonetheless perpetuate discrimination.

The Biden Administration has made it a clear policy priority to advance racial equity and support underserved communities. As public policy discussions around privacy continue to advance, it is apparent that robust privacy protections are critical to achieving this goal.

Every three years, NTIA makes recommendations to the Copyright Office in a process in which the Librarian of Congress determines exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. This provision prohibits the circumvention of technological measures that control access to copyrighted works.

This provision, while designed to deter copyright infringement, can also make it more difficult for Americans to engage in a variety of non-infringing activities, such as repairing machinery, conducting security research, and making media accessible for persons with disabilities.

The Copyright Office runs a rulemaking process to provide the public with an opportunity to propose and comment on possible exemptions. NTIA works diligently to analyze the record generated during this rulemaking and offer the Copyright Office recommendations that support the digital economy and the right to engage in non-infringing activities.

The Eighth Triennial Rulemaking was conducted against the backdrop of the COVID-19 pandemic. Participants noted the barriers faced by educators using videos in virtual classrooms, researchers who require access to works undergoing preservation at libraries, archives, and museums, and everyday Americans who want to repair their own products. In these and other situations, NTIA supported exemptions that maximized relief to Americans. 

NTIA letter to the Register of Copyrights continuing the consultative process required by the Digital Millennium Copyright Act (DMCA).  The Copyright Office’s Federal Register Notice containing the Librarian’s Determination and Final Rule can be found at http://copyright.gov/1201/2021.