by Leigh Beadon

Filed Under:
cispa, cybersecurity, mike rogers

Latest CISPA 'Privacy' Amendment Is More Of The Same: Minor Changes Dressed Up As Real Solutions

from the same-old-thing-with-a-new-coat-of-paint dept

Update: It has become a little unclear what the status of this amendment is now. Yesterday we heard that it had passed, but now it seems to have been changed, and it's back up for debate on the floor. We'll get you more updates on whether or not it goes through, and the latest changes, as soon as we can.

In the latest round of changes to CISPA, the House passed a new amendment that supposedly (according to CISPA supporters) addresses the privacy and civil liberty concerns about the bill. The amendment (pdf and embedded below) ostensibly establishes civilian agency control (through Homeland Security) over information shared under CISPA, since many people are reasonably worried about all this data ending up in the hands of the NSA. Unfortunately, as the EFF determined in their initial analysis, it doesn't really change anything—it just lets the DHS go along for the ride:

The amendment in question does not strike or amend the part of CISPA that actually deals with data flowing from companies to other entitities, including the federal government. The bill still says that: “Notwithstanding any other provision of law, a self-protected entity may, for cybersecurity purposes...share such cyber threat information with any other entity, including the Federal Government." The liability immunity provisions also remain.

While this amendment does change a few things about how that information is treated within the government, it does not amend the primary sharing section of the bill and thus would not prevent companies from sharing data directly with military intelligence agencies like the National Security Agency if they so choose.

Indeed, the text of the amendment appears to create a significant role for the DHS in information sharing procedures, but gives it little power in terms of actually protecting privacy or filtering information—the amendment mandates that information still be shared with other agencies in realtime, and it still appears to allow companies and organizations to bypass the DHS entirely.

A portion of the amendment outlines certain privacy guidelines, but they are the same as those we discussed before: filled with enough release valves and escape routes to render them virtually meaningless, closer to a list of "best practices" than actual rules. The fact is that, despite what the bill's supporters and some of the media reporting on it would have you believe, the core problems with CISPA have not been addressed, nor have any of the "efforts" in that direction amounted to much more than a smokescreen. With a final CISPA vote looming at any time, it's never been more important to voice your opposition to the bill.

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  1. identicon
    Capt ICE Enforcer, 18 Apr 2013 @ 4:00am


    I could be wrong. And will probably have an investigation done. But isn't conduct like this done by previous governments the reason the US chose to invade err I meant Liberate other nations.

    reply to this | link to this | view in thread ]

  2. identicon
    Anonymous Coward, 18 Apr 2013 @ 4:03am

    Re: Liberated

    The US Government is notorious for not following its own advice or rules.

    reply to this | link to this | view in thread ]

  3. icon
    Zakida Paul (profile), 18 Apr 2013 @ 4:39am

    "Minor Changes Dressed Up As Real Solutions"

    Isn't that what Western politics is all about?

    reply to this | link to this | view in thread ]

  4. icon
    Anonymous Howard (profile), 18 Apr 2013 @ 4:42am

    It's a courtesy

    so Obama can sign it without making an (even bigger) ass of his mouth

    reply to this | link to this | view in thread ]

  5. identicon
    Anonymous Coward, 18 Apr 2013 @ 4:50am

    unless there is serious opposition to the magnitude of what was shown against SOPA, PIPA and ACTA, Congress is going to take no notice of what anyone else says. the bill is going to go through and it wont be until after that and when, hopefully, some of the Senators are affected, that Congress will then see the flaws in it and the harm it's going to do. what Rogers is coming out with is pure, unadulterated shit! he has been seriously 'encouraged' to push this through and no matter what objections and what facts are shown to him, he is gonna get it through! the people need to remember what bills have been forced through or come very close to it when the next elections are due and make some serious changes to who is representing them. at the moment, the only ones being represented are everyone except the 'people'!

    reply to this | link to this | view in thread ]

  6. identicon
    Pixelation, 18 Apr 2013 @ 7:43am

    Our politicians are wonderful at putting lipstick on pigs.

    reply to this | link to this | view in thread ]

  7. icon
    ShellMG (profile), 18 Apr 2013 @ 8:32am

    FYI: Justin Amash has linked this article on his Facebook page. He's been stellar when it comes to keeping voters updated on his voting record and *why* he votes as he does. I know there's a lot going on in the US at the moment, but now would be a good time to fire off a polite note to your congressman.

    reply to this | link to this | view in thread ]

  8. icon
    John Fenderson (profile), 18 Apr 2013 @ 9:21am

    DHS?? Really??

    Bringing another untrusted and untrustworthy agency into the mix makes the situation worse, not better.

    reply to this | link to this | view in thread ]

  9. identicon
    revjustin, 18 Apr 2013 @ 5:59pm

    100% agreement on all points here.

    reply to this | link to this | view in thread ]

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