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CISPA: Cybersecurity Bill Authors Defend Legislation Against 'Privacy Disaster' Claims

Posted: 04/10/2012 3:55 pm Updated: 04/10/2012 11:39 pm

Authors of a cybersecurity bill sought to rebut criticisms on Tuesday from civil liberties groups who say the legislation does not protect consumers from having their private data shared with the government.

The Cyber Intelligence Sharing and Protection Act, or CISPA, sponsored by Reps. Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.), seeks to give businesses and the federal government legal protection to share cyber threats with each other in an effort to thwart hackers.

Currently, they do not share that data because the information is classified and companies fear violating anti-trust law.

But privacy and civil liberties groups say the bill's definition of the consumer data that can be shared with the government is overly broad, and once the data is shared, the government could use that information for other purposes -- such as investigating or prosecuting crimes -- without needing to obtain a warrant. They also criticize the legislation for not requiring companies to make customer information anonymous before sharing it with the government.

Michelle Richardson, a legislative counsel at the American Civil Liberties Union, called the bill "a privacy disaster" and "a new backdoor around the Fourth Amendment."

"This is a whole new surveillance program," she told The Huffington Post.

The bill's authors say the legislation bars the government from using the information for other purposes "unless a significant cybersecurity or national security purpose exists." But they said the government should not be restricted in how it uses the data in case it includes evidence of a terrorist plot or child pornography.

They added that the bill includes adequate measures to protect privacy and civil liberties, such as calling for an inspector general to conduct annual audits on how the data is being used.

Rogers described his bill as "non-invasive" and "very limiting."

"This is just about sharing bad information and malicious software and code to allow the private sector to better protect themselves," Rogers told reporters in a conference call Tuesday morning.

The Obama administration declined to comment about the bill. But in a statement, Caitlin Hayden, a spokeswoman for the National Security Council, said "we would encourage the Congress to craft information sharing legislation carefully with robust protections to safeguard civil liberties and privacy."

Despite concerns, Rogers' bill has widespread bipartisan support, with more than 100 co-sponsors in the House and letters of support from the U.S. Chamber of Commerce and several major technology companies, including Facebook and Microsoft.

In December, the bill sailed through the House Intelligence Committee by a vote of 17 to 1 -- just one day after it was introduced.

The House is expected to vote on the bill the week of April 23.

Thus far, more than 40 cybersecurity bills have been unveiled on Capitol Hill, emerging from a wide range of committees, including Commerce, Foreign Affairs, Intelligence and Homeland Security. But the fate of the bills remains uncertain.

In the Senate, competing bills have been introduced amid differences over whether the Department of Homeland Security should be given power to enforce cybersecurity standards at private companies, which own and operate 85 percent of critical infrastructure.

Senate Majority Leader Harry Reid (D-Nev.) has said he plans to bring the legislation to the Senate floor for a vote in coming weeks.

Rogers and Ruppersberger also sought to refute what they said were false allegations spreading online that the bill is similar to SOPA, a controversial anti-piracy bill that was scuttled earlier this year after widespread Internet protests arguing the bill would censor the web.

Over the weekend, the hacker group Anonymous claimed credit for cyberattacks that briefly crashed the websites of the USTelecom and TechAmerica in retaliation for the trade groups' support of Rogers' cybersecurity legislation.

The hacker group said in a video that despite the defeat of SOPA earlier this year, Rogers' bill was "a new threat" and those who support it have become "sworn enemies of Anonymous."

Rogers said his bill has nothing in common with SOPA.

"They're comparing apples and oranges," Rogers said of Anonymous. The two bills "are so completely different there is absolutely no comparison."

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Authors of a cybersecurity bill sought to rebut criticisms on Tuesday from civil liberties groups who say the legislation does not protect consumers from having their private data shared with the gove...
Authors of a cybersecurity bill sought to rebut criticisms on Tuesday from civil liberties groups who say the legislation does not protect consumers from having their private data shared with the gove...
 
 
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04:57 PM on 03/20/2013
Its back
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HUFFPOST SUPER USER
theXepicXturtle
I Vote 3rd Party. Sue me.
03:06 AM on 04/12/2012
Another brainless bill introduced by another brainless Republican.

The internet: "It's a series of tubes"
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GeorgiaModerate
Freedom is a road seldom traveled by the multitude
09:21 PM on 04/11/2012
Did anyone really expect our government to pass anything that would keep us safe from their intrusion?
03:58 PM on 04/11/2012
1984 will soon be upon us. Big Brother is watching you, and what you look at, and what you have to say through emails..and..and..and.....

If companies want to protect themselves from "cyber attacks", and its a priority for them; there are many security consulting groups out there. Or, you can hire a competent tech team to prevent attacks from occurring in the first place. So this "share 'bad' user information" is a scam. Just another excuse to thumb through your personal data.

Not to mention the more you try to counter these problems, the more creative the attackers are going to get.
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HUFFPOST SUPER USER
Joey Ismail
03:23 PM on 04/11/2012
The internet is the ONLY thing that works in this country. The government needs to be banned from even touching the thing.
08:35 PM on 04/11/2012
The government owns the Internet.
JVene
Software Engineer, Parent, Cook & Musician
08:20 PM on 04/26/2012
How so?
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HUFFPOST SUPER USER
Madmac
02:53 PM on 04/11/2012
It's time for the Internet to go dark again. These politicians just don't get it. Leave it alone.
02:38 PM on 04/11/2012
just more attempts by the government to control and monitor the internet, demanded and sponsored by our friendly coporate interests. and to think, some people actually fall for the "cybersecurity" or "anti-piracy" shtick. well, time to get TOR....for starters.
JackVandusen
Switched to coffee
12:14 PM on 04/11/2012
If Facebook and Microsoft both support the bill, then we can assume the bill supports corporate interests.
Consumer interests will be touted and hailed very publicly, but not served.
When has it ever been different?
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rikster
buy the ticket-take the ride
11:59 AM on 04/11/2012
I'm sure that Congress and the Senate have loads of knowledge about cyber-security...who wrote the bill?
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nfatt1
Liberty, Equality, Fraternity
11:20 AM on 04/11/2012
Big Brother, Big Sister, Big Uncle, Big Aunt etc., etc.
This user has chosen to opt out of the Badges program
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Chubbster
Partisanship is a mental illness
11:15 AM on 04/11/2012
I suffer mentally while watching this once great country go down the drain so thoughtfully provided by the Fear Machine. I understand that 3000+ people died on 9/11 in terrorist attacks, sure. This is 1/10 the number of people who die annually from bad colds turning to pneumonia.
"Be Afraid" is both a huge profit center and an excuse for totalitarian emergence. For instance, the TSA is doing road blocks all over the country and treating mom and pop as if they were terrorists. This all encouraged under current political leadership. I can't wait to be strip searched for having my dog off the leash in a National Forest.
JVene
Software Engineer, Parent, Cook & Musician
08:31 PM on 04/26/2012
These days appropriate attire for commercial flight is a bathrobe and sandals, commando.

The pat down is a breeze.

...and it feels so liberating!
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10:49 AM on 04/11/2012
Sadly, expecting our government to do the right thing when it comes to your privacy and 4th/5th amendment rights has been proven to be very stupid by our government's track record. Thus, the only sane thing to do, if you care about maintaining your privacy on the internet, is to take the appropriate steps to short circuit any anti-privacy legislation or illegal snooping that can be done to you. The very minimum involves using Tor to surf the net. All communications should be encrypted, including e-mails. One should also do a full encryption of their HD.
10:33 AM on 04/11/2012
Feds and private perverted snooping continue unabated.... perhaps just trying to make legal what the entities are already doing.

I have an idea... why not track and record for present and future discovery every moment of all federal employees 24/7 and the tech data collectors - miners just to make sure they are following all laws.
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authorized-user
macho macho man
10:14 AM on 04/11/2012
How much time and money do these agencies spend on facebook?
09:17 AM on 04/11/2012
Compared to Europe, privacy rules and laws are practically nonexistent in the US -- already.