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. icon
    ThumbsUpThumbsDown (profile), 26 Apr 2012 @ 9:39pm

    Worst possible CISPA, best possible invitation for CISPA takedown

    They insist. It's their road or the Highway.

    They think three hundred million Americans can be served whatever rancid, even toxic, borsht comes off the legislative menu without consequenses: It's PIPA one week; SOPA the next; ACTA, for breakfast and lunch the following month; and, for supper a year later, you too can look forward to washing down the past years gastronomic nightmare from our American Congress with the delightfully fecal aroma of CISPA in the air.

    In a sense, it's good that with this latest passed version of CISPA, these Legislators have come out of the closet and told us more clearly than ever EXACTLY what the THINK.

    More of the sleeping American Democracy Should hear and begin to REALLY understand their message. Only then will the REAL power behind three hundred million voices be heard. Perhaps then the legislatures will be cleaned out from floor to ceiling in both houses; down to the skanky fleas and ticks and lice the live their; washed down in every nook and crany with disinfectant; and a new generation of leaders invited in who have been born again to the REAL meaning of the American Constitution.

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