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
    Christopher, 17 Apr 2013 @ 9:01pm

    Re: Bad, but not the worst

    According to the first half of the second paragraph of the Declaration of Independence, a document by which it's writers and signers ideals are the foundation on which the country was built, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." So, basically saying, if the government starts to get out of hand, we, the people, have the right to overthrow the government.

    The genius of the constitution is that it can be changed, however, depending on what changes the government allows, this could also be it's biggest flaw.

    The constitution, in it's current state, allows the supreme court to stop a bill in its tracks if deemed unconstitutional. And according to the bill or rights, Mainly the 4th amendment, CISPA is unconstitutional. And even if it wasn't, America does not own the internet, and therefore has no right, whatsoever, to regulate it.

    You know your country is falling apart, when the elected officials are dumber than it's overall population...

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