Weekend Economists Examine Escape Artists and Con Men April 27-29, 2012

[Demeter]

52. CISPA--THEY NEVER STOP TRYING TO PUSH THE ENVELOPE ON FASCISM

Is CISPA SOPA 2.0? We Explain the Cybersecurity Bill By Megha Rajagopalan

http://www.nationofchange.org/cispa-sopa-20-we-explain-cybersecurity-bill-1335532225

The act, sponsored Rep. Mike Rogers, R-Mich., and Rep. Dutch Ruppersberger, D-Md., would make it easier for private corporations and U.S. agencies, including military and intelligence, to share information related to “cyber threats.” In theory, this would enable the government and companies to keep up-to-date on security risks and protect themselves more efficiently. CISPA would amend the National Security Act of 1947, which currently contains no reference to cyber security. Companies wouldn’t be required to share any data. They would just be allowed to do so...CISPA could enable companies like Facebook and Twitter, as well as Internet service providers, to share your personal information with the National Security Agency and the CIA, as long as that information is deemed to pertain to a cyber threat or to national security.

How does the bill define “cyber threat”?

The bill itself defines it as information "pertaining to a vulnerability of" a system or network — a definition that opponents have criticized as too broad. The bill gained support after sponsors agreed to allow votes on several amendments they said would make concessions to privacy activists; one aims to narrow the definition of "cyber threat.”

...SOPA was about intellectual property; CISPA is about cyber security, but opponents believe both bills have the potential to trample constitutional rights. The comparisons to SOPA stem from language in an earlier version of CISPA that referenced intellectual property. That wording was removed early on in response to mounting criticism. SOPA would have strengthened copyright laws, barring search engines and other websites from linking to sites that violated intellectual property regulations. That prompted a First Amendment concern from critics that it would give government the power to block websites wholesale, trampling free speech. CISPA’s liability shield, on the other hand, has sparked a concern based on the Fourth Amendment, which protects against unreasonable search and seizure. Opponents contend the law would make it too easy for private companies and the intelligence community to spy on users in the name of cyber security.

MORE

In the Evening Hours, CISPA Gets Some New Features By Megha Rajagopalan

http://www.nationofchange.org/evening-hours-cispa-gets-some-new-features-1335597869

...What’s next

CISPA faces a hard road in the Democrat-controlled Senate, where it must duke it out with cyber security bills backed by Sen. Joe Lieberman, I-Conn., and Sen. John McCain, R-Ariz. The White House said this week that advisers would recommend that President Obama veto CISPA if it ever reaches his desk.

What Everyone Who Uses The Internet Needs To Know About CISPA

http://www.alternet.org/newsandviews/article/909805/what_everyone_who_uses_the_internet_needs_to_know_about_cispa/#paragraph3

The Cyber Intelligence Sharing and Protection Act, a digital equivalent of allowing the government to fight perceived threats by monitoring which books citizens check out from the library, passed the House yesterday and will now be taken up by the Senate.

Online advocates, fresh off their victory against the Stop Online Piracy Act, are now gearing up to oppose CISPA because of the disastrous effect the bill could have for private information on the internet. The bill’s opponents argue that it goes too far in the name of cybersecurity, endangering citizens’ personal online information by giving the government access to anything from users’ private emails to their browsing history.

As the fight in the Senate begins, here is everything you need to know about CISPA:

CISPA’s broad language will likely give the government access to anyone’s personal information with few privacy protections: CISPA allows the government access to any “information pertaining directly to a vulnerability of, or threat to, a system or network of a government or private entity.” There is little indication of what this information could include, and what it means to be ‘pertinent’ to cyber security. Without boundaries, any internet user’s personal, private information would likely be fair game for the government.

It supersedes all other provisions of the law protecting privacy: As the bill is currently written, CISPA would apply “notwithstanding any other provision of law.” In other words, privacy restrictions currently in place would not apply to CISPA. As a result, companies could disclose more personal information about users than necessary. Ars Technica writes, “if a company decides that your private emails, your browsing history, your health care records, or any other information would be helpful in dealing with a ‘cyber threat,’ the company can ignore laws that would otherwise limit its disclosure.”

The bill completely exempts itself from the Freedom of Information Act: Citizens and journalists have access to most things the government does via the Freedom of Information Act (FOIA), a key tool for increasing transparency. However, CISPA completely exempts itself from FOIA requests. The Sunlight Foundation blasted CISPA for “entirely” dismissing FOIA’s “fundamental safeguard for public oversight of government’s activities.”

CISPA gives companies blanket immunity from future lawsuits: One of the most egregious aspects of CISPA is that it gives blanket legal immunity to any company that shares its customers’ private information. In other words, if Microsoft were to share your browsing history with the government despite your posing no security threat, you would be barred from filing a lawsuit against them. Without any legal recourse for citizens to take against corporate bad behavior, companies will be far more inclined to share private information...MORE