Brad Smith

To make the most of technology’s future, the United States again needs a bold infrastructure plan that will create a springboard for new jobs, sustained competitiveness, and broader prosperity. While many details and the need for compromise lie ahead, we believe President Joe Biden’s American Jobs Plan, or AJP, points in the right direction. Broadband has become the electricity of the 21st century, providing the lifeblood for jobs, healthcare, and education. But like electricity in the 1930s, it hasn’t reached tens of millions of people.

Broadband already powers much of our modern lives, but COVID-19 has acted as an accelerant, a fuel of sorts that has driven many essential activities online. The most significant way to move the dial for Americans without broadband is by changing policy at the federal, state and local level, not only for more funding but to remove roadblocks so that broadband can reach rural and underserved Americans faster.

In contrast to prior technological eras—marked by inventions such as the railroad, telephone, automobile, and television—the age of digital technology has progressed for several decades with remarkably little regulation, or even self‑regulation. This hands‑off attide needs to give way to a more activist approach. The greatest risk facing technology firms isn’t overregulation—it’s that government won’t do enough, swiftly enough, to address the technology issues affecting the world.

Facial recognition technology raises issues that go to the heart of fundamental human rights protections like privacy and freedom of expression. These issues heighten responsibility for tech companies that create these products. In our view, they also call for thoughtful government regulation and for the development of norms around acceptable uses. In a democratic republic, there is no substitute for decision making by our elected representatives regarding the issues that require the balancing of public safety with the essence of our democratic freedoms.

Just as the Fourth Geneva Convention has long protected civilians in times of war, we now need a Digital Geneva Convention that will commit governments to protecting civilians from nation-state attacks in times of peace. And just as the Fourth Geneva Convention recognized that the protection of civilians required the active involvement of the Red Cross, protection against nation-state cyberattacks requires the active assistance of technology companies. The tech sector plays a unique role as the internet’s first responders, and we therefore should commit ourselves to collective action that will make the internet a safer place, affirming a role as a neutral Digital Switzerland that assists customers everywhere and retains the world’s trust.

A new Anzalone Liszt Grove research poll commissioned by Microsoft shows it’s not just the Supreme Court that wants the right balance between public safety and the privacy concerns of technology users.

The American public wants this as well. Interestingly, a full 83% of American voters believe police should get a warrant before searching personal information on someone’s cell phone. The poll also found that:

• 75% agree with Chief Justice Roberts’ statement that “privacy comes at a cost” and there needs to be a balance between fighting crime and our Constitutional right to privacy; and
• 86% believe police should have to follow the same legal requirements for obtaining personal information stored in the cloud as they do for personal information stored on paper.

Since news reports surfaced about US government surveillance practices, a lot has changed. And there even have been some initial positive reforms.

We all want to live in a safe and secure world and governments --including the US government -- play a vital role in helping to protect our communities. But the reality is clear. The US Government needs to address important unfinished business to reduce the technology trust deficit it has created. There are five things the US government still needs to do:

1. Recognize that US search warrants end at US borders
2. End bulk collection
3. Reform the FISA Court
4. Commit not to hack data centers or cables
5. Continue to increase transparency

While the focus today is on the actions the US government needs to take, it is clear that many of the issues and solutions to them are international in nature. We need an international effort to restore the trust of Internet users and strike the right balance between privacy and security. That’s why we remain committed to the creation of new international legal frameworks. Around the world, governments are increasingly recognizing the need for such action, and now it’s time for people to roll up their sleeves and pursue them.

[Smith is General Counsel & Executive Vice President, Legal & Corporate Affairs, Microsoft]