Privacy

by Mike Masnick


Filed Under:
cispa, cybersecurity

Companies:
facebook, microsoft



Microsoft Slowly Backing Away From CISPA Support; Worries About Privacy Issues

from the take-a-stand dept

One of the key points that backers of CISPA had made throughout the debate on the bill was that it had the support of the "tech industry" -- with Facebook and Microsoft being the key supporters of the bill. Of course, a few weeks ago, Facebook re-pledged its support for the bill... but also stated that it was aware of the privacy concerns and that it would work with lawmakers to fix the bill. Seeing as it's not clear that much was really done to fix the bill, does that mean Facebook may drop its support?

Similarly, Microsoft is now admitting that there are some privacy concerns with CISPA and has softened its stance on it slightly, while not completely pulling its support. Declan McCullagh at CNET reports:
In response to queries from CNET, Microsoft, which has long been viewed as a supporter of the Cyber Intelligence Sharing and Protection Act, said this evening that any law must allow "us to honor the privacy and security promises we make to our customers."

Microsoft added that it wants to "ensure the final legislation helps to tackle the real threat of cybercrime while protecting consumer privacy."
This sounds similar to what Facebook was saying. Of course, what's not clear is why they're unwilling to pull support from the bills until such changes are made. Either way, combined with the fact that a few CISPA sponsors even voted against the bill suggests that -- even though it may have passed the House -- support for the overall bill is eroding. That's important, as the fight now moves to the Senate, where the existing cybersecurity proposals are quite different.

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  1. identicon
    Rwolf, 1 May 2012 @ 10:12am

    Government Civil Asset Forfeiture To Escalate If U.S. Senate Passes CISPA Legislation.

    CISPA the Cyber Intelligence Sharing and Protection Act if signed into law will allow——the military and NSA warrant-less spying on Americans’ confidential electronic Communications; any transmitted private information circumventing the fourth amendment. CISPA will allow any self-protected cyber entity to share with the Feds any person’s private information that might allegedly relate to a cyber threat or crime. Considering the U.S. Government’s current business relationship with telephone and Internet companies, it should be expected the feds would use CISPA to gain unprecedented access to lawful Americans’ private electronic communications. Almost every week news media reports corrupt police arrested for selling drugs, taking bribes and perjury. It is foreseeable that broad provisions in CISPA that call for private businesses / cyber entities to share among themselves and with Spy Agencies confidential information will open the door for corrupt government and police to sell a corporations’ confidential information to its competitors, foreign government and others. CISPA provides insufficient safeguards to control disposition of (shared) confidential corporate / cyber entity information, including confidential information shared by spy agencies with private entities derived from spying on Americans.

    The recent House Passed Cyber Security Bill overrides the Fourth Amendment. Government may use against Americans in Criminal, Civil and Administrative courts (any information) derived from CISPA warrant-less Internet spying.

    CISPA will open the door for U.S. Government spy agencies such as NSA; the FBI; government asset forfeiture contractors, any private entity (to take out of context) any innocent—hastily written email, fax or phone call to allege a crime or violation was committed to cause a person’s arrest, assess fines and or civilly forfeit a business or property. There are more than 350 laws and violations that can subject property to government asset forfeiture. Government civil asset forfeiture requires only a civil preponderance of evidence for police to forfeit property, little more than hearsay.

    CISPA (warrant-less electronic surveillance) will enable the U.S. Justice Department to bypass the Fourth Amendment, use information extracted from CISPA electronic surveillance) of Americans’ Web Server Records, Internet Activity, transmitted emails, faxes, and phone calls to issue subpoenas in hopes of finding evidence or to prosecute Citizens for any alleged crime or violation. If the current CISPA is signed into law it is problematic federal, state and local law enforcement agencies and private government contractors will want access to prior Bush II NSA and other government illegally obtained electronic records to secure evidence to arrest Americans; civilly forfeit their homes, businesses and other assets under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police become dependent on “Asset Forfeiture” to help pay their salaries and budget operating costs?

    Note: the passed “Civil Asset Forfeiture Reform Act of 2000” (effectively eliminated) the “five year statue of limitations” for Government Civil Asset Forfeiture of property: the statute now runs five years (from the date) police allege they “learned” an asset became subject to forfeiture. If CISPA takes affect, allows (no warrant) electronic government surveillance of Americans, it is expected CISPA will be used by government not only to thwart cyber threats, but to aggressively prosecute Americans and businesses for any alleged crime: U.S. Government spy and police agencies; quasi government contractors for profit, will relentlessly sift through Citizen and businesses’ (government retained Internet data), emails and phone communications) to discover possible crimes or civil violations.

    A corrupt U.S. Government Administration too easily use CISPA no-warrant-seized emails, faxes, Internet data and phone call information) to target, blackmail and extort its political opposition; target any Citizen, corporation and others in the manner Hitler used his Nazi passed legislation that permitted no-warrant Nazi police searches and seizure of Citizens and businesses or to extort support for the Nazi fascist government. Hitler Nazi Laws made it possible for the Nazis to strong-arm German parliament to pass Hitler’s 1933 Discriminatory Decrees that suspended the Constitutional Freedoms of German Citizens. History shows how that turned out.

    CISPA warrant-less electronic surveillance) has the potential of turning America into a Fascist Police State.

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