Insanity: CISPA Just Got Way Worse, And Then Passed On Rushed Vote

from the this-is-crazy dept

Update: Several people have asserted that Quayle's amendment actually made CISPA better, not worse. I've now posted my thoughts on that.

Up until this afternoon, the final vote on CISPA was supposed to be tomorrow. Then, abruptly, it was moved up today—and the House voted in favor of its passage with a vote of 248-168. But that's not even the worst part.

The vote followed the debate on amendments, several of which were passed. Among them was an absolutely terrible change (pdf and embedded below—scroll to amendment #6) to the definition of what the government can do with shared information, put forth by Rep. Quayle. Astonishingly, it was described as limiting the government's power, even though it in fact expands it by adding more items to the list of acceptable purposes for which shared information can be used. Even more astonishingly, it passed with a near-unanimous vote. The CISPA that was just approved by the House is much worse than the CISPA being discussed as recently as this morning.

Previously, CISPA allowed the government to use information for "cybersecurity" or "national security" purposes. Those purposes have not been limited or removed. Instead, three more valid uses have been added: investigation and prosecution of cybersecurity crime, protection of individuals, and protection of children. Cybersecurity crime is defined as any crime involving network disruption or hacking, plus any violation of the CFAA.

Basically this means CISPA can no longer be called a cybersecurity bill at all. The government would be able to search information it collects under CISPA for the purposes of investigating American citizens with complete immunity from all privacy protections as long as they can claim someone committed a "cybersecurity crime". Basically it says the 4th Amendment does not apply online, at all. Moreover, the government could do whatever it wants with the data as long as it can claim that someone was in danger of bodily harm, or that children were somehow threatened—again, notwithstanding absolutely any other law that would normally limit the government's power.

Somehow, incredibly, this was described as limiting CISPA, but it accomplishes the exact opposite. This is very, very bad.

There were some good amendments adopted too—clarifying some definitions, including the fact that merely violating a TOS does not constitute unauthorized network access—but frankly none of them matter in the light of this change. CISPA is now a completely unsupportable bill that rewrites (and effectively eliminates) all privacy laws for any situation that involves a computer. Far from the defense against malevolent foreign entities that the bill was described as by its authors, it is now an explicit attack on the freedoms of every American.

Filed Under: cispa, congress, cybersecurity


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  1. identicon
    Anonymous Coward, 26 Apr 2012 @ 6:29pm

    Re: Re:

    Amendment IV:
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Article VI paragraph 2 of the Constitution
    This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

    Nowhere in the 4th amendment does it say that the law is limited to just the government. Anyone who took an oath to protect the Constitution is obligated to fight against lwas like this.

    Oath of the enlisted

    I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

    Nowhere does it say to obey the senators or representatives or the laws they make.

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