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New CyberSecurity Bill Raises Privacy Questions

Nicolas Dawson points out coverage in Mother Jones of the early stages of a new cybersecurity bill that conveys sweeping powers on the President. Quoting: "The Cybersecurity Act of 2009 (PDF) gives the president the ability to 'declare a cybersecurity emergency' and shut down or limit Internet traffic in any 'critical' information network 'in the interest of national security.' The bill does not define a critical information network or a cybersecurity emergency. That definition would be left to the president. The bill ... also grants the Secretary of Commerce 'access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.' This means he or she can monitor or access any data on private or public networks without regard to privacy laws."

36 of 319 comments (clear)

  1. Who needs the constitution... by johnncyber · · Score: 4, Insightful

    ...it's just a piece of paper anyways.

    1. Re:Who needs the constitution... by morgan_greywolf · · Score: 4, Insightful

      access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.

      In other words, it's not illegal when the Secretary of Commerce (a Presidentially appointed position) does it, of course. So they can lock YOU up for accessing data you're not supposed to have, but when the Secretary of Commerce does it, it's just hunky dory.

      Yep. Who needs the Constitution? It's archaic!

      Now I see why so many people become anarchists... ;)

    2. Re:Who needs the constitution... by EastCoastSurfer · · Score: 3, Insightful

      Well, Presidential appointees don't seem to pay any taxes either and the last time I checked that was also illegal. More of the same 'do as I say, not as do.'

    3. Re:Who needs the constitution... by ajs · · Score: 4, Interesting

      I read this very differently, and I think this is just the case of a VERY bad Slashdot summary and a terminology barrier between the government and the geek community. "Data" doesn't appear to indicate live bits streaming over networks, here. I think this is saying, "relevant data" and meaning "information relevant to understanding the topology of critical networks." That is, if you run a backbone in the US you have to tell the Feds about it and give them specs.

      As the Net becomes more of a critical piece of US infrastructure, I don't think that's terribly unreasonable.

      Now, if someone can demonstrate that this is being pushed as a way to snoop on packets without a warrant, I'll stand corrected, but it just doesn't read that way at all to me.

    4. Re:Who needs the constitution... by Jherek+Carnelian · · Score: 3, Funny

      Well, Presidential appointees don't seem to pay any taxes either and the last time I checked that was also illegal. More of the same 'do as I say, not as do.'

      No, you missed the point. The only way to get these guys to pay their taxes is for the president to appoint them to office.
      So far Obama has a 100% success record in collecting from these guys.
      He's not "the uniter," nor is he "the decider," Obama is "the collector."

  2. Mr President... by isotope23 · · Score: 4, Funny

    You can take my connection from my cold dead SANs!!!!

    Or

    All yer Pix is belong to U.S.

    Or

    HSRP - Homeland Security Routing Protocol

    Or

    TCP/IP - Total Control President/Internet Precedent

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  3. How do things like this even come up by notarockstar1979 · · Score: 5, Insightful

    I want to know who in the unholiest of hells thinks this is a good idea? Even if critical networks and cybersecurity emergency were defined, what the gives them the right? The language scares me to death. The existing laws are there for a purpose. To create a law that circumvents them on a whim, even if it's a whim that has to be defended later, is total bull.

    I have been fighting encrypting everything I do for a while now because I had hopes it wouldn't be necessary. Now I see that there is a chance it might be after all.

    1. Re:How do things like this even come up by EastCoastSurfer · · Score: 4, Insightful

      I want to know who in the unholiest of hells thinks this is a good idea? Even if critical companies and financial emergency were defined, what the gives them the right? The language scares me to death. The existing laws are there for a purpose. To create a law that circumvents them on a whim, even if it's a whim that has to be defended later, is total bull.

      Emphasis and replacement mine. This is the EXACT same power they want to give to the treasury secretary to be able to unilaterally, on a whim, take over companies when some undocumented criteria are met.

    2. Re:How do things like this even come up by tripdizzle · · Score: 3, Insightful

      Agreed, how can we trust these people to take care of things that are this serious when they cant even get a ban on lead done right:

      http://www.washingtonpost.com/wp-dyn/content/article/2009/03/23/AR2009032301764.html

      They try to put a law in place to protect children from lead, and end up banning minibikes and used book sales, whose lead content is equal to about a glass of water.

      They mess up a simple lead ban with shitty wording, and we expect them to deal with such things as our privacy laws and national security. We need to get rid of every single sitting senator and house rep next time around, no matter party affiliation, get rid of them all.

      --
      "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  4. Re:wow by Cube+Steak · · Score: 4, Insightful

    I know. "Change" we can all definitely believe in.

  5. Route Around Him by Anonymous Coward · · Score: 5, Interesting

    This is precisely what the Internet was designed to defend against. Let us continue to work to insure that the Internet will view the President as damage, and route around him in the event of an emergency.

  6. I think I speak for everyone by Taibhsear · · Score: 5, Interesting

    I think I speak for everyone here on slashdot when I say

    Fuck you!

    Define the terms in the bill. List the checks and balances in this that will prevent a tyrant from encroaching on our constitutional rights. The supreme court really needs to start looking into this shit and start hacking apart these bills and laws that infringe on our freedoms. If not, they need to be replaced with people who will.

    1. Re:I think I speak for everyone by Oxy+the+moron · · Score: 3, Interesting

      If not, they need to be replaced with people who will.

      I'm a computer guy with only a basic understanding of government... but doesn't the President replace the judges? If he wants to wield that much power over peoples' rights, won't he just put more justices up there that support his power grabs?

      Also, I'm pretty sure the only way they get replaced is if they step down or... you know... die. I highly doubt they'll care about "getting replaced" in either of those situations.

      How lovely.

      --

      Proudly supporting the Libertarian Party.

    2. Re:I think I speak for everyone by StopKoolaidPoliticsT · · Score: 3, Insightful

      See the Judiciary Reorganization Bill of 1937. FDR kept trying to ram his legislation through and the SCOTUS kept ruling it Unconstitutional. FDR, along with his Democratic majority in Congress, threatened to keep adding justices to the Supreme Court until they would rule the way he wanted them to.

      The threat was enough and the SCOTUS rolled over shortly thereafter, allowing a single party Congress/Executive to force Unconstitutional legislation through, unabated by the checks of the SCOTUS. Not long after, sitting Justices began to die and/or retire, Roosevelt added his toadies and, well, we've been stuck with the damage done to our country ever since (The Ponzi Social Security system and its impending collapse, Japanese internment, fiat currency, inflation and government debt, the Wagner Act, etc). Many of the abuses in government we see today stem from the decisions made back in the late 30s and early 40s...

      Now we're seeing the threat of socialized medicine being forced onto us through subersive means, deliberately to avoid the process of debate set up in the Constitution, and I have no confidence that the SCOTUS will overturn it, especially not if one of the more constructionalist members should vacate the court for some reason and be replaced by someone more amenable to those types of policies. Lately, we've seen a rise in the court ignoring the Constitution and favoring international standards instead of our own. After 220ish years, the checks and balances are almost gone and the traitors in power on both sides have found out how to subvert the supreme law of the land...

      --
      Stop Koolaid Politics
  7. The United States doesn't own the Internet... by Anonymous Coward · · Score: 5, Insightful

    Shutting down the American network would hinder the whole world. Since a number of the backbones run through the states.
    Further more the government just made the biggest argument against cloud computing I have ever read. Your data lives online the goverment say oh noes cyber attack and shuts every non critical system down for weeks? months? what happens to you google docs homework or business files.

  8. Presidential ddos? by TinBromide · · Score: 4, Interesting

    1) Threaten national cyber-security
    2) President shuts down the national infrastructure
    3) ???
    4) Profit!

    Sounds to me like you don't even need to code a worm that is capable of shutting down the internet, all you have to do is make someone believe you have already done so and the president will do all the heavy lifting for you.

    --
    Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
  9. Re:Preparations for the third Bush administration by OmegaBlac · · Score: 5, Insightful

    Jeb Bush will be coming along soon to take his place in line, he'll love these extended powers.

    I'm more worried (and you should too) about our current president that could have these "extended powers" very soon than some crazy left-wing fear/theory of another member of the Bush family becoming president four years from now. Democrats and Republicans will both fuck you over and continue to steer this country into irrelevancy. Wake up dammit!

  10. Now this sounds familiar... by Logical+Zebra · · Score: 3, Insightful

    It is with great reluctance that I have agreed to this calling. I love democracy. I love the Republic. But I am mild by nature, and do not wish to see the destruction of democracy. The power you give me I will lay down when this crisis has abated.

    --Chancellor Palpatine

    --
    I have a bad feeling about this...
    1. Re:Now this sounds familiar... by russotto · · Score: 4, Insightful

      It is with great reluctance that I have agreed to this calling. I love democracy. I love the Republic. But I am mild by nature, and do not wish to see the destruction of democracy. The power you give me I will lay down when this crisis has abated.

      --Chancellor Palpatine

      Wasn't he paraphrasing Caesar?

  11. Where is all the screaming about privacy? by stevew · · Score: 5, Insightful

    You folks were up in arms about the loss of Privacy when the Bush administration was trying to spy on Terrorists calling into the country? Here you have a Democrat congress and a Democrat President who are going to be snooping into EVERYONE's business - let's have a little more energy - or one might think all the previous belly-aching about privacy was really just partisan nonsense????

    --
    Have you compiled your kernel today??
  12. Re:wow by MozeeToby · · Score: 4, Insightful

    Just from reading the summary, I'll say this.

    I don't have any real problem with this, except for the non-defined nature of an emergency. I don't know how you would define an emergency (if you know what it is and when it's coming its not much of an emergency) but I would say something along the lines of "a situation which endangers vital communications links, including those needed for power generation, public safety, and military uses".

    If a bot-net rises up that starts disrupting these communication links, extreme measures may be needed to ensure those links stay active. Temporarily closing down nonessential Internet traffic isn't much different from shutting down the freeway when road conditions make driving on it unsafe.

    The problem, as usual, is the potential for abuse. I would give the president authority to shut down the Internet for not more than 48 hours, anything more than that should require congressional approval. Make abuse of this system a felony offense to punish any blatant abuses of the system. Of course, that is supposed to be how declaring war works too and that hasn't been followed since WWII.

  13. Re:wow by Cube+Steak · · Score: 4, Insightful

    anything more than that should require congressional approval.

    Which will be about as worthless as the requirement that Congress is the only body that can declare war. They will just sign over any oversight they have to the president and be a bunch of rubber-stamping pantywaists.

  14. Re:Preparations for the third Bush administration by imric · · Score: 3, Funny

    You're a funny guy! I may agree with your first statement, but your second is just Republican "But We Were SUPPOSED To Rule Forever Without Opposition Or Restraint" sour grapes. C'mon. You're just mad that it's Democrats taking away rights instead of Republicans - after all, that's supposed to be YOUR schtick!

    --
    Paranoia is a Survival Trait!
  15. Doesn't it strike anyone as odd that by Markvs · · Score: 4, Interesting

    Not only has this not been reported by any mainstream media source (AP/UPI/Reuters) or in any news source of record (WSJ, NY Times, et al), but that it's not listed on the Senate's website? Or that the PDF is a blank template without any names on it?

    Methinks \. caught a regurgitates April Fools blog entry a couple days late!

    --
    46. The Hobo smiles, his eyes glaze over, and he burps. "Beware the man who has lived longer than the Wasteland."
    1. Re:Doesn't it strike anyone as odd that by Kugrian · · Score: 3, Informative

      Google News currently links to 43 related stories.

      Here's the WSJ's take.

  16. It's a Democrat Bill by Chibi+Merrow · · Score: 4, Insightful

    Stop invoking a Bush boogeyman. Everyone is Washington is bad. Bush's alleged abuses are kid's stuff compared to what some previous administrations have pulled off, and probably will be sorely missed after we get through what's coming down the pipe...

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  17. Re:wow by geobeck · · Score: 4, Funny

    We trust him, right?

    What, like he's President Google or something?

    Actually, if there's any organization that already has the power to "shut down the Internet," Google comes pretty close. It's not like they could seal off the tubes, but it's an interesting mental exercise to imagine just how much Internet traffic would be curtailed if Google suddenly ceased all of its operations.

    Then again, Microsoft could kill a lot of Internet activity if it suddenly activated whatever remote kill switch it might have in every legitimate Windows install. The only country largely unaffected would be China. ;)

    --
    Find environmentally and socially responsible products on http://buy-right.net
  18. Re:wow by Anonymous Coward · · Score: 3, Interesting

    We trust him, right?

    Completely besides the point. Even if we trust Obama, and I must admit I have doubts about him, this law will survive his term as president.

    Can you trust EVERY FSCKING PRESIDENT that follows him?

    I know I can't.

  19. Re:wow by element-o.p. · · Score: 4, Insightful

    Please tell me you are kidding. Did you miss this line in TFS: "The bill... also grants the Secretary of Commerce 'access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.'"

    "...without regard to any provision of law, regulation, rule or policy..."??? This is NSA wiretapping all over again! Our new "Change we can believe in" president has only been in office for ~90 days, and he's already shaping up to be 'Dub' on steriods.

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  20. Not introduced to Senate [STAFF WORKING DRAFT] by kindbud · · Score: 4, Informative

    Not to rain on anybody's paranoia parade (OK, yes I am) but this is a [STAFF WORKING DRAFT] and has not been introduced to the Senate. It doesn't even have any sponsors. You won't find it on THOMAS, nor in the list of active legislation posted to senate.gov.

    --
    Edith Keeler Must Die
  21. Re:wow by Red+Flayer · · Score: 4, Funny

    They will just sign over any oversight they have to the president and be a bunch of rubber-stamping pantywaists

    That's why we should remove the oversight responsibility from Congress and assign it to the Union of Retired Postal Workers. Then we could have rubber-pantied stamp wasters.

    It just sounds like a lot more fun to me.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  22. Re:wow by cayenne8 · · Score: 3, Insightful
    "Please tell me you are kidding. Did you miss this line in TFS: "The bill... also grants the Secretary of Commerce 'access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.'"

    I'm sure that the Commerce Sec. will side with the *IAA and declare an emergency quite often when they see too much P2P file sharing traffic.

    Talk about a built in excuse to wield this power and pretty much any given moment.

    I was joking the other day in another thread about how it had to 'kill' governments, including ours, that they were late to the party and had no real control of the internet.

    I guess they read that...and came up with something like this.

    I swear...this administration is punching so many scary things through congress I'm really afraid for what the country is gonna look like very soon, and if any of it can be undone??

    Geez...the overboard spending (without actually doing anything about the main problem being the frozen credit in the banking system), the President talking about capping salaries even on companies that aren't taking bailout money, the Treas. Sec. talking about having the power to intervene in private companies (even those not on bailout money) and take them over in essence to 'save' them if they are looking 'troubled', the Atty General wanting to start up gun bans again, the head of DHS saying we need to crunch down on gun laws due to MX drug gang violence....and the list goes on.

    Now...they was to legislate unlimited tapping of the internet and the ability to just turn off the spigot for very non-specific reasons? Ouch.

    And I thought the previous administrations NSA taps were nefarious. This law has the potential to make that look completely insignificant.

    Seriously....those that voted for "O" and were adament supporters. Is THIS the change you were wanting?

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  23. Re:LMAO @ "Liberal Fascists" by sexconker · · Score: 4, Insightful

    It gives the power to the electoral college to do so.

    A President could have every single vote from the people and the electoral college could elect some other schlub. The only thing preventing this is the fact that the electors are appointed by the very people who want to get elected.

    There are rules about the electoral college and the assignment of votes in state constitutions, as well. The point is, the power to elect the president is NOT constitutionally placed with the people, not does it realistically rest with them.

    Votes are bought, elections are gamed, and people like you fail to see that Republican and Democrat politicians are the same fucking liars, the same fucking morons, with the same bullshit year after year.

    But by all means - trot out that "political spectrum" chart you learned about in highschool, and say "fascism is on the RIGHT! It's a FACT!".

    From your OWN shitipedia link:
    "Fascism is a radical, authoritarian nationalist ideology"
    Some would call Obama's jackknifing of the economy radical, his constant "cooperation" with congress and his remarks on dissent ("Look, we won.") authoritariana, and of course Obama is trying to improve America's standing politically and economically.

    "that aims to create a single-party state"
    Which party controls the House? The Senate? The White House? All that's left is for a couple of justices to die off.

    "with a government led by a dictator"
    Obama says it and it happens. He's not crushing anyone under an iron fist, but what he says goes. His popularity is his main weapon. Hell, he just kicked out the CEO of a private company.

    "who seeks national unity"
    Yes we can? It's all about "we". And "change". And "working together". The man has won over the hearts and minds of tons of people. They follow him like groupies follow rock bands.

    "and development"
    I keep hearing about "new jobs" (without the mention that you can't create jobs without creating physical demand, instead, you can only shift jobs/money/debt around), and our "infrastructure". I have no doubt though that this is all bullshit that will never come to fruition because he won't be able to actually create jobs, and because the infrastructure requires real work and we have a serious lack of real workers (we've got a lot of politicians, lawyers, marketers, and other white collar "workers" that we could put to use).

    "by requiring individuals to subordinate self-interest to the collective interest of the nation or race."
    This one's too easy.

    By the criteria listed in your own "evidence", many people could justifiably consider Obama a fascist. Whether or not you agree with them on a whole, or on specific points, is a matter of opinion.

  24. Re:wow by Attack+DAWWG · · Score: 4, Informative

    Seriously....those that voted for "O" and were adament supporters. Is THIS the change you were wanting?

    Did you even read the article? The bill was introduced by a Democrat and a Republican. Obama was not involved.

  25. A working draft... so far by 1800maxim · · Score: 4, Insightful

    Right, wink, wink. It's a "working draft" with no sponsors until it magically passes with overwhelming support, quietly, with no mass media coverage. In fact, it could be a working draft precisely for people to leave it alone for the time being.

    The patriot act was rammed through.

    The Federal Reserve act of 1913 was rammed through during christmas break.

    I don't know how we still on slashdot manage to squabble over whether there is a bigger agenda, or whether these are all a series of innocently misapplied laws... Once we come to agree, it will be because it's too late.

  26. Re:wow by godefroi · · Score: 5, Insightful

    So, he's going to veto it then? Oh? No? Huh.

    Well, I guess we really DO get change then. This time, it's going to be LEGAL when the president does it. That's a definite change!

    --
    Karma: Poor (Mostly affected by lame karma-joke sigs)