Shameful: Tech Companies Fighting Against Necessary CFAA Reform And CISPA Fixes
from the bad-news dept
We’ve been talking a lot about the importance of CFAA reform lately, even highlighting how, under the CFAA, the founders of some of the most successful tech and software companies of our time could have been thrown in jail under the CFAA. For that reason, it’s ridiculous and shameful that many of the largest software companies, via the powerful SIIA lobbying group, are fighting hard against CFAA reform. We’ve been hearing for a while that companies like Oracle and Adobe were particularly strongly against it, but the SIIA represents an awful lot of tech companies, many of whom otherwise seem to be in favor of CFAA reform. Certainly, in talking to engineers at many of these companies, they think the CFAA is ridiculous, turning ordinary everyday activity into a possible felony. But some of the execs at these companies see a weapon to be used against people who make off with digital information — especially rogue employees (or ex-employees).
This is silly. The tech companies are refusing to fix a very dangerous and broad law, because of a very specific circumstance that can be dealt with via other existing laws. Also, it’s going against basic common sense and the views of many of these companies’ own engineers. When companies are so focused on protecting one weapon that they’re willing to allow such bad laws to stay, those are companies who are showing that they’re not focused on innovation but on litigation and protectionist views.
Similarly troubling is the news that TechNet, an organization representing a bunch of tech companies has sent a letter to the House Intelligence Committee supporting the post-markup version of CISPA. This isn’t a huge surprise. TechNet had already been listed as a supporter of CISPA, and the bills’ sponsors in Congress had worked overtime (or, rather, had their staffs work overtime) seeking to appease the tech industry on the mistaken belief that the fight against SOPA was really lead by the tech industry, rather than an angry public. The public isn’t quite as angry about CISPA, since the threats of CISPA aren’t quite as immediately obvious to everyday people, but winning over the tech companies by giving them immunity should they violate their users’ privacy is a bad long term strategy.
Yes, tech companies were a part of the coalition who fought against SOPA, but part of that was because those tech companies were focused on what was best for their users. Choosing to go against those same users when it comes to their own privacy is going to backfire eventually. Some people think that it was the tech companies who drove the fight against SOPA, when the reality was that it was the internet users, who pulled the tech companies into the fight. Not listening to their users would be a big mistake, as a vocal internet turning against these companies isn’t a good sign for their future.
On that note, Reddit founder Alexis Ohanian has kicked off a campaign looking to shame Google, Facebook and Twitter into coming out against CISPA. Hopefully, he’ll do something similar around CFAA reform as well. Having tech companies come down on the wrong side of these two laws is a bad long term strategy for the tech industry.
Filed Under: cfaa, cispa, lobbying, tech companies
Companies: siia, technet
Comments on “Shameful: Tech Companies Fighting Against Necessary CFAA Reform And CISPA Fixes”
In before “Why are you pro-piracy” and “Google and Facebook just hate when copyright is enforced”
Wow, you mean a big company only supports big causes just to enhance it’s image? WOW!
Immunity – its a handy thing to get to put your mind at ease as you sell out.
This will probably get me a lot of flak, but if North Korea does one thing, I hope they nuke the shit out of Congress.
Re: Re:
Well, it needs torching as a hive of scum and villainy, for the most part. Just make sure that Wyden, Lofgren and possibly Issa are outside first…
Re: Re:
Congratulations. You’ve just fallen for the propaganda that ignores how the US has antagonized North Korea with war like sanctions to cause it to act ruthlessly in regards to South Korea.
Maybe you should look at their playbook before thinking that Congress should nuke them.
Re: Re: Re:
He was suggesting that North Korea should nuke Congress, not vice versa.
it’s the same old story. if someone thinks something either wont affect them or will go past them, it’s ignored or not contested. when it’s found that it does affect and will hit them and it’s too late to stop, then all the moaning and regrets start!
Re: Re:
“All it takes for evil to win is for good men to do nothing.”
Re: Re: Re:
Or good men can do everything right but if they do not have enough money, they still lose.
Re: Re: Re: Re:
All that means is that the revolution should have happened sooner.
Oracle, Adobe… All legacy players that forgot the tech and now know litigation. CFAA allows them to go after people who find security holes in their stuff instead of, you know, fixing.
It’s the old battle between the old and established industry that has run out of creativity and the new, innovative ones.
Re: Re:
Yeah, calling Oracle a tech company is a little bit overstatement..
All they do today is buy up innovating companies and milk them to the last drop.
Re: Re: Re:
EA also comes to mind but I think it’s pretty much any legacy player out there. Google will probably reach that stage at some point, there are signs already.
Re: Adobe wants guaranteed access to your private data
Adobe’s subsidiary and suspected NSA contractor Omniture is the #1 merchant of private data taken from your computer without your permission or knowledge. (Yes, I know Google Analytics is right up there doing the same thing). Adobe/Omniture wants to ensure there is a legal framework for them to continue doing this without your approval, and certainly without any ability for you to block or otherwise interfere.
And in case you might have wondered why the NSA picked Utah as the site for their new multi-billion dollar surveillance data facility, it is not a coincidence that Omniture’s new Omniture’s new headquarters is being built just “across the freeway”
Re: Re: Adobe wants guaranteed access to your private data
uff… doubling typo.
Re: Re: Adobe wants guaranteed access to your private data
Nice piece of info eh? I always thought shell companies, subsidiaries and the likes is just a convenient means big companies use to keep them dissociated from shady business they engage… And unfortunately the average Joe eats this shit.
Oh, this will work: "shame Google, Facebook and Twitter..."
“…into coming out against CISPA.” — Just my wearied reaction to idealistic kid “Reddit founder Alexis Ohanian” or anyone who believes that corporations aren’t amoral monsters, that they’ve any shame, particularly since those 3 giant soulless corporations will with this “reform” receive (more) gov’t money for spying on the public.
SO, Mike, have you YET noticed that your precious Google only pursues money behind its “good guy” public relations facade?
Re: Oh, this will work: "shame Google, Facebook and Twitter..."
One trick pony, here again for his act.
They might oppose CFAA reform because the ‘reform’ would make things even worse then before at the moment, and they doubt they can salvage it into something better at this time.
This is why I stopped using Google awhile ago and never used Facebook (nor Twitter for that matter).
The bigger they are, the harder they fall.
Re: Re:
Greed is eternal.
Meet the new boss, same as the old boss.
Maybe as a form of protest, you should stop taking Google’s money.
Re: Re:
Would you stop trotting out that same old line?
basic economics, again
“[E]ngineers at many of these companies… think the CFAA is ridiculous, turning ordinary everyday activity into a possible felony. But some of the execs at these companies see a weapon to be used against people who make off with digital information…”
This shortsightedness supports the theory that the only real talent executives have is the ability to get themselves promoted.
Did that guy seriously think he was going to get Larry Page on the phone for a chat and did he really think he was making a point by trying?
There is a reason to oppose change! The devil you know..
What people sometimes don’t realize is that it’s often much more effective to deal with a bad law than have it changed to something you don’t know – taking the chance it will cause other circumstances even worse than present. In particular dealing with congress and unintended(so they say)results.
Large firms have a major investment in navigating the status quo and as large entrenched firms, many see it as better to know the lay of the land than trying to find a better landscape. Sad but true … like ISO9001(x) or whatever, I don’t care if you it make it not perfect, just make it the same every single time so we can adjust to it. That is the tack taken by many large firms.
Re: There is a reason to oppose change! The devil you know..
So why are the same companies that are opposing CFAA reform supporting CISPA which by design will change the existing landscape in regards to personal data in the name of “security”?
This is the more of same thing.
People who have wrested power/control (executives/management/publishers) want to keep it out of the hands of the people who produce (engineers/creators).
The CFAA clearly favors bureaucracy over industry, so it is obvious that the bureaucrats favor it and the industrious don’t.
Expansion dead but CFAA Maximalist Juggernaut is born
House subcommittee shelves recent CFAA expansion bill
http://www.huffingtonpost.com/2013/04/12/cfaa-internet-activists_n_3068978.html
Meanwhile: CFAA forces join up to form monster org representing Billions in pro-CISPA, max-CFAA interests.
http://www.marketwire.com/press-release/abm-and-siia-announce-plan-to-join-forces-1777484.htm
SIAA member list http://www.siia.net/index.php?option=com_wrapper&view=wrapper&Itemid=43
ABA member list http://www.abmassociation.com/assnfe/companydirectory.asp?MODE=FINDRESULTS
SIAA acts on fear that Aaron Swartz suicide could lead to CFAA reform
http://www.siia.net/blog/index.php/2013/01/page/5/
ABA loves CFAA’s criminal/civil penalties, longs to lovingly protect them
http://www.abmassociation.com/News/2748/Inside-the-Beltway-%3A-April-2012
I’m sure the best is yet to come and we’ll be hearing from our new Global Business Information and Media Industry Association overlords soon enough.
The bill to expand the CFAA, while it would not outlaw VPNs or proxies, per se, could outlaw on common use of VPNS and proxies, the bypassing of geoblocking, with that bills expansion of “exceeding authorized access”.
Of course, that would depend on whethe the VPN itself kept any logs.
http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml#c982
Re: Re:
http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook -passwords.shtml#c982
As I replied there, you point to a single ruling by a DISTRICT court judge, which means nothing. Other courts have ruled otherwise and the DOJ continues to claim this theory is correct. So… what’s your point?