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LIZ WOOLERY, RYAN BUDISH, KEVIN BANKSTON
THE TRANSPARENCY REPORTING TOOLKIT Survey & Best Practice Memos for Reporting on U.S. Government Requests for User Information
Report © 2016 NEW AMERICA and THE BERKMAN CENTER FOR INTERNET & SOCIETY This report carries a Creative Commons Attribution 4.0 International license, which permits re-use of this content when proper attribution is provided. This means you are free to share and adapt this work, or include our content in derivative works, under the following conditions: • Attribution. You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. For the full legal code of this Creative Commons license, please visit creativecommons.org. If you have any questions about citing or reusing New America content, please visit www.newamerica.org. If you have questions about citing or reusing Berkman Center content, please visit https://cyber.law.harvard.edu. All photos in this report are supplied by, and licensed to, Shutterstock.com unless otherwise stated.
AUTHORS Kevin Bankston, Director, Open Technology Institute, [email protected]
Ryan Budish, Senior Researcher, Berkman Center for Internet & Society, [email protected]
Liz Woolery, Policy Analyst, Open Technology Institute, [email protected]
ACKNOWLEDGMENTS The Transparency Reporting Toolkit would not have been possible without insight and help from Dorothy Chou, Christian Dawson and members of the i2C Coalition, Rob Faris, Urs Gasser, Jess Hemerly, Robyn Greene, Priya Kumar, Colin Maclay, OTI Open Web Fellow Gemma Barrett, and the many others who have contributed to this report by offering time, thoughts, and insights throughout this process. This work has been generously supported by the MacArthur Foundation.
ABOUT THE OPEN TECHNOLOGY INSTITUTE The Open Technology Institute at New America works at the intersection of technology and policy to ensure that every community has equitable access to digital technology and its benefits. We promote universal access to communications technologies that are both open and secure, using a multidisciplinary approach that brings together advocates, researchers, organizers, and innovators.
ABOUT THE BERKMAN CENTER FOR INTERNET & SOCIETY AT HARVARD UNIVERSITY Founded in 1997, the Berkman Center for Internet & Society at Harvard University is dedicated to exploring, understanding, and shaping the development of the digitally-networked environment. A diverse, interdisciplinary community of scholars, practitioners, technologists, policy experts, and advocates, we seek to tackle the most important challenges of the digital age while keeping a focus on tangible real-world impact in the public interest. Our faculty, fellows, staff and affiliates conduct research, build tools and platforms, educate others, form bridges and facilitate dialogue across and among diverse communities.
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TABLE OF CONTENTS PREFACE Introduction
Quick Look: Overview of the Survey & Best Practice Memos
Transparency Reports by U.S. Internet & Telecom Companies
A Brief Introduction to U.S. Law on Government Access to Communications Data SURVEY & BEST PRACTICE MEMOS
Memo 1: Reporting on Different Legal Processes
Memo 2: Explaining Legal Processes
Memo 3: Reporting on the Subjects of Requests & How Users are Impacted
Memo 4: Reporting on the Legal Processes Required for User Information
Memo 5: Explaining “Content” & “Non-Content”