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CISPA Bill Obliterates Privacy Laws With Blank Check of Privacy Invasion

MojoKid writes "At present, the government's ability to share data on its citizens is fairly restricted, insomuch as the various agencies must demonstrate cause and need. This has created a somewhat byzantine network of guidelines and laws that must be followed — a morass of red tape that CISPA is intended to cut through. One of the bill's key passages is a provision that gives private companies the right to share cybersecurity data with each other and with the government 'notwithstanding any other provision of law.' The problem with this sort of blank check clause is that, even if the people who write the law have only good intentions, it provides substantial legal cover to others who might not. Further, the core problem with most of the proposed amendments to the bill thus far isn't that they don't provide necessary protections, it's that they seek to bind the length of time the government can keep the data it gathers, or the sorts of people it can't collect data on, rather than protecting citizens as a whole. One proposed amendment, for example, would make it illegal to monitor protesters — but not other groups. It's not hard to see how those seeking to abuse the law could find a workaround — a 'protester' is just a quick arrest away from being considered a 'possible criminal risk.'"

53 of 192 comments (clear)

  1. Home of the free and the land of the brave? by Tancred · · Score: 5, Insightful

    How does surrendering our freedom out of fear match up with our motto?

    1. Re:Home of the free and the land of the brave? by Brian+Feldman · · Score: 3, Insightful

      Bravery and freedom changed meanings. Now they mean bravery to commit acts of violence and freedom to attempt to control the world. Who needs personal liberty when individuals are only interested in games and trivialities -- sports, music, TV, movies, politics, books, parties?

      --
      Brian Fundakowski Feldman
    2. Re:Home of the free and the land of the brave? by QRDeNameland · · Score: 3, Funny

      Bricka bracka firecracker CIS-boom-PA!

      Creeping fascism! Creeping fascism! RAH RAH RAH!

      --
      Momentarily, the need for the construction of new light will no longer exist.
    3. Re:Home of the free and the land of the brave? by Anonymous Coward · · Score: 2, Funny

      Just tell yourself it's all temporary measures necessary to defeat the evil $EXTERNAL_ENEMY. As soon as the $EXTERNAL_ENEMY are defeated everyone can have their freedom back. Unless, of course, a new threat is constructed, in which case everything will be back to normal right after that threat too is neutralized.
      Don't worry about it, citizen. If you insist on thinking about such things your friendly government will give you a free vacation in a beautiful Caribbean island.

    4. Re:Home of the free and the land of the brave? by Presto+Vivace · · Score: 3, Interesting

      We are like Argentina during the dirty war.

    5. Re:Home of the free and the land of the brave? by reboot246 · · Score: 4, Informative

      Don't worry. They've already found an $INTERNAL_ENEMY - patriot groups, militia groups, returning vets, in short almost anybody who disagrees with the government.

    6. Re:Home of the free and the land of the brave? by CanHasDIY · · Score: 3, Informative

      Technically, the motto is "In God We Trust". Don't worry, Obama forgot too :-)

      No, it's not; the actual national motto is

      E
      Pluribus
      Unum

      "Out of many, One."

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Home of the free and the land of the brave? by Thing+1 · · Score: 3, Insightful

      Exactly! Just like he threatened a veto on NDAA, and said he would close Gitmo.

      --
      I feel fantastic, and I'm still alive.
    8. Re:Home of the free and the land of the brave? by artor3 · · Score: 5, Insightful

      The NDAA passed by veto proof majority, and when he tried to close Gitmo the Republicans blocked all funding for the closure.

      The GOP strategy for years now had been to block any and all improvement, and then complain that Obama didn't improve things. If the voters are dumb enough to fall for it, then democracy is over. Either the democrats will adopt the same tactics and we'll have no government at all, or they won't and we'll have single party rule.

    9. Re:Home of the free and the land of the brave? by hsmith · · Score: 2

      You seem to forget democrats controlled congress for 6 years straight. Four of Bush and two of Obama. They didn't block anything.

    10. Re:Home of the free and the land of the brave? by Anonymous Coward · · Score: 3, Insightful

      Just to clarify: that includes OWS, anti-war groups, med marijuana growers, etc.
      The right doesn't have a monopoly on "being persecuted".

    11. Re:Home of the free and the land of the brave? by wiedzmin · · Score: 3, Informative

      Because we won World War II

      It amuses me to no end that Americans think that they won World War II.

      --
      Bow before me, for I am root.
    12. Re:Home of the free and the land of the brave? by artor3 · · Score: 3, Informative

      No, they didn't. Not really, anyway. Because aside from a stretch of a few months, Republicans always had the filibuster, and that's all they needed.

    13. Re:Home of the free and the land of the brave? by Internetuser1248 · · Score: 3, Insightful

      You realise that by bringing partisan politics into this discussion you are demonstrating the mechanism by which your national political climate is getting fucked over...

    14. Re:Home of the free and the land of the brave? by Tancred · · Score: 3, Informative

      So much wrong or misleading in a short comment.

      First, Democrats have had a majority in the Senate since 2007, so 2 Bush years and 3+ Obama years.
      Second, they had a majority in the House for 4 years, 2 under Bush and 2 under Obama.

      So that's 2 years they had majorities in the Senate and House while holding the Presidency. The President of course has a veto, so that's a key ingredient to getting anything through. The House is fairly strictly majority rule. The Senate, by current rules (since the 70's) allows the minority to block bills unless 3/5 of the full Senate (i.e. 60 Senators) vote for cloture. Use of that tactic has risen dramatically since the Democrats retook the majority in 2007. So when you claim that the Republicans didn't block anything, that's just outright false.

      See the Senate records on how often cloture votes were held to break a filibuster. See the big jump?

      2011-now : 48 (D)
      2009-2010 : 91 (D)
      2007-2008 : 112 (D)
      2005-2006 : 54 (R)
      2003-2004 : 49 (R)

      You can still be against the bills in question. Hell, you can be proud of the R's for blocking them. But don't deny it's happening.

      I've heard the "control of congress" tactic be used very misleadingly. If every Republican and barely enough Democrats vote down a bill, you can be technically correct to say that the majority Democrats could have passed the bill. But when you look closer and see 90+% of Democrats and 0% of Republicans voting for it, it's clear which party is more responsible for the bill not passing.

  2. Despair is starting to set in by TaoPhoenix · · Score: 4, Insightful

    The pace is accelerating.

    We need some kind of Tracking-Data-Armageddon security breach to make the common citizens wake up and realize that we're all just going to stare at each other in a dystopian fishbowl forever while everything just becomes more unfair.

    (Satire)
    That's all I can type now because I used up my monthly ascii character quota on two tweets of data for $99.95.
    (/Satire)

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    1. Re:Despair is starting to set in by X0563511 · · Score: 2

      You realize Obama is threatening to veto this, because we are all being so noisy about it? The guy is actually listening.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:Despair is starting to set in by Anonymous Coward · · Score: 2, Informative

      It is in his best interests to do so. It is an election year after all.

    3. Re:Despair is starting to set in by Curunir_wolf · · Score: 2

      You realize Obama is threatening to veto this, because we are all being so noisy about it? The guy is actually listening.

      Better make sure it gets passed now, then, while he's still in campaign mode, because he's sure to sign it after the election when he's back to let 'em eat cake mode.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    4. Re:Despair is starting to set in by englishknnigits · · Score: 2

      Not to mention you have to have a crime to charge him with, then impeach him, then convict him (which actually gets him out of office). And then we would have Biden...

    5. Re:Despair is starting to set in by X0563511 · · Score: 2, Informative
      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    6. Re:Despair is starting to set in by CanHasDIY · · Score: 3, Funny

      Not to mention you have to have a crime to charge him with, then impeach him, then convict him (which actually gets him out of office). And then we would have Biden...

      I felt the same way during the last administration when people started talking about impeaching Bush - I'm no fan, but I'll take Jar Jar Binks over Emperor Palpatine any day of the week.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Despair is starting to set in by lightknight · · Score: 2

      Or we could take the insecure, paranoid, governmental, controlling types out back, and put two bullets in their heads. Problem solved.

      I'm not advocating a violent solution here, but it does appear that said people are providing the 'aggression' that most political types speak of in a 'Just War,' and have already violated enough of their own laws not to be taken seriously when they say 'this new law will be limited to {various groups and peoples you do not like}.'

      --
      I am John Hurt.
    8. Re:Despair is starting to set in by barry99705 · · Score: 3, Insightful

      "In other news 40 million terrorists were bombed in downtown Washington DC today....."

  3. Abusing the law by Imrik · · Score: 2

    I see this phrase every time this sort of bill comes up where they claim that one group or another won't abuse the law. After some thought, I decided I agreed with their assessment. All this means is that the law is originally intended to be used in that way, if it's the intent of the law, it isn't abuse to use it that way.

  4. Resisting Arrest by Zero__Kelvin · · Score: 2, Informative

    It actually happens from time to time (at least in Massachusetts, USA) that a person is charged with one and only one crime, to wit: resisting arrest. I actually know a person to whom this actually happened and he was found guilty. So at least in Massachusetts, they can simply arrest you for resisting arrest. You don't need to commit any actual crime.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Resisting Arrest by cpu6502 · · Score: 2, Informative

      Solution: Don't resist arrest. Even if the cop is full of shit, cooperate with him by letting him place handcuffs on you. And then sue him for thousands later. (You don't have to win; you just have to inconvenience the cop as badly as he inconvenienced you.)

      1. Become lawyer
      2. Visit prisons every day
      3. Profit$

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    2. Re:Resisting Arrest by superdave80 · · Score: 3, Insightful

      I'm not sure I see the issue here. An officer can arrest you if he has good cause to (you match the description of a suspect in the area, etc.). This is the original reason you are being arrested. It may later be determined that you didn't commit a crime, and then no charges are filed.

      If, however, you resist this arrest, you are then charged with resisting arrest. Simply because you think you didn't do anything wrong doesn't give you just cause to resist the arresting officer.

      You don't need to commit any actual crime.

      You consider resisting arrest not an 'actual crime'? Are you saying that officers don't have the authority to arrest people?

    3. Re:Resisting Arrest by Moryath · · Score: 2

      It's a cyclical joke at that point. And one of the things the thugs in blue count on. "Resisting arrest" and "disobeying a lawful order" - you can be given an UNlawful order, arrested for "disobeying" it, have "resisting arrest" thrown on for spite.

      Even if you prove the order was UNlawful, they can try to make the "resisting arrest" stand with any number of corrupt judges who are more than willing to set unreasonably high bail, endorse witness tampering under color of law (e.g. witness tampering BY the prosecutors and cops), and just generally harass you till you cave in and plea bargain.

    4. Re:Resisting Arrest by Moryath · · Score: 5, Interesting

      Are you saying that officers don't have the authority to arrest people?

      Officers have authority to arrest people ONLY IF:
      - the officer has seen you commit an offence;
      - someone charges you with having committed an offence and gives an undertaking to prosecute the charge;
      - the officer finds you disturbing the peace;
      - she/he reasonably suspects you have committed or are about to commit an offence or breach of the peace.

      The law also states that you must be told in simple language WHY YOU ARE BEING ARRESTED. Simply having the thug in blue announce "that's it, you're under arrest" is not valid.

      This is lost on most of the right-wing assholes who worship the thugs-in-blue, however.

    5. Re:Resisting Arrest by RenderSeven · · Score: 3, Insightful

      This is lost on most of the right-wing assholes who worship the thugs-in-blue, however.

      I dont know any right-wing assholes that worship the thugs in blue, and Im a right wing asshole. Seriously, why does this always end up being a left/right issue? Maybe left-wing assholes think its OK to abuse right-wing assholes and vice versa, but I'd hazard to say "this is lost on people whose party affiliation is more important than their objectivity' which seems to be just about everyone these days. I was 100% with you until that last sentence sand-bagged any credibility you built up to that point.

    6. Re:Resisting Arrest by Khyber · · Score: 3, Informative

      "Simply because you think you didn't do anything wrong doesn't give you just cause to resist the arresting officer."

      Yes, it does. That is what a court is for.

      “When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    7. Re:Resisting Arrest by Khyber · · Score: 4, Informative

      Oops, slashdot ate part of my comment.

      To add to that: “These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    8. Re:Resisting Arrest by JohnFen · · Score: 2

      Solution: Don't resist arrest

      Yeah, but this does nothing about the all-too-common practice cops have of charging someone with resisting arrest because they don't have anything else to charge them with, rather than because they actually resisted arrest.

    9. Re:Resisting Arrest by JohnFen · · Score: 4, Interesting

      Dude, you have some serious misapprehensions about the right wing. Supporting law enforcement doesn't mean supporting lawbreaking by police or other government agents.

      In theory, but in practice it does seem to mean exactly that. I wouldn't say that it's unique to conservatives, but to authoritarians. Authoritarians are more likely to be conservatives than liberals, though.

    10. Re:Resisting Arrest by lightknight · · Score: 2

      Hmm. Is it possible to be charged with 'resisting arrest' without another charge to justify arresting said person?

      --
      I am John Hurt.
    11. Re:Resisting Arrest by superdave80 · · Score: 2

      You drug someone with arsenic. You then drag him deep into the woods.

      Sounds like a confession to me. Lock him up, boys!

    12. Re:Resisting Arrest by Imrik · · Score: 2

      Arrest is what happens when you object to being detained.

      Actually, the difference is when you're detained you have to stay where you are, when you're arrested you go to jail.

  5. We vowed not to repeat past mistakes by cpu6502 · · Score: 2

    To not arrest people and throw them in jail for merely speaking (Sedition Acts) or suspected terrorists (round-up of asian-Americans). We said it would never happen again, and yet we are going down that same path (indefinite detainment for mere suspicion).

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  6. Sign the Petition by CanHasDIY · · Score: 5, Informative

    Here

    Pass it on.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  7. A general rule... by roc97007 · · Score: 2

    > even if the people who write the law have only good intentions, it provides substantial legal cover to others who might not

    It's important to remember; It's difficult to grant broad new powers to government or corporations and confine these powers only to the people who agree with your personal philosophy.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  8. POTUS Opposes the Bill by milbournosphere · · Score: 3, Informative
    1. Re:POTUS Opposes the Bill by ZeroSumHappiness · · Score: 2

      Until when? Wasn't he positioned to veto NDAA until they removed the /requirement/ to detain terrorism suspects?

    2. Re:POTUS Opposes the Bill by undeadbill · · Score: 2

      Agreed. That is what I recall as well. Quite the bait and switch.

      The current President voted up Patriot Act II as a Senator. He sponsored tort reform as a Senator that could be used as a bludgeon against free speech. He sponsored ACTA, and tried to keep the contents of the treaty a state secret.

      I'd not hold my breath waiting for a veto on this.

    3. Re:POTUS Opposes the Bill by artor3 · · Score: 2

      The difference is the NDAA passed by veto proof majority, so Obama decided to try to weaken it via signing statements and executive orders. Not ideal, and not what he wanted, but it's all he can do.

      I'm tired of people trying to blame Obama for this law. Blame your congressmen. Given how many voted for it, odds are at least one of yours is culpable.

    4. Re:POTUS Opposes the Bill by cayenne8 · · Score: 2

      You think Romney has a shot of winning?

      Or that it would be better with Romney in charge?

      Considering what I see in the polls, and that no one I know would think of voting for Obama (again for some of them), yes, I think anyone would have a chance beating Obama. Me? I'm not a huge Romney fan, but I'd vote for a small soap dish over Obama.

      I mean, his administration has done nothing positive in their years here at all so far that I can tell....legislation pushed through was an abomination, and they've plunged us further and further into debt. They've wasted every opportunity to do something actually meaningful for the economy.

      I'll put it this way....I've seen clearly what Obama and cohorts want to do and and tried to do. I don't see them doing anything different.

      And the definition of insanity is doing the same thing over and over...and expecting a different outcome.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:POTUS Opposes the Bill by artor3 · · Score: 5, Interesting

      You're being willfully ignorant.

      Thanks to the Obama administration:
      1) The stimulus and auto industry bailout saved the country from depression. Look at how austerity has turned out for Europe... It's been an unmitigated disaster for them, whereas our economy went from free fall to 10 straight quarters of continuous growth. Only a liar or a fool would claim it didn't work.
      2) Credit card companies can no longer change your due date at the last minute and use the late payment as an excuse to jack up your interest rates. They can also no longer jack up your interest payments because you were late paying an unrelated third party.
      3) Credit card companies have more reasonable limits placed on the amount they can charge retailers on each transaction, helping small businesses.
      4) The Small Business Association has been expanded, making it easier for startups to get funding.
      5) Full funding is being provided to centers to protect battered women and rape victims. The Republicans are currently trying to repeal that law (the Violence Against Women Act) because it also protects lesbian rape victims (the horror!).
      6) We're not paying for permanent military bases in Iraq. The war would be over regardless, but McCain planned to keep troops there.
      7) The infamous stop-loss programs are over. If you remember, under Bush, soldiers who had finished their tours of duty were being forced to stay in warzones anyway.
      8) Wars are now properly recorded in the budget so we can see how they affect the deficit, rather than being hidden. Of course, this leads to him being blamed for "increasing" the deficit.
      9) Torture and extreme rendition have been banned.
      10) Nuclear weapon stockpiles, both in the US and overseas, have been reduced substantially.
      11) Don't ask, don't tell was repealed.
      12) The Ledbetter law allows women to sue employers who engage in pay discrimination.
      13) We have Network Neutrality laws for the wired internet (though not for wireless).
      14) Millions more people have access to health care, many of them children or chronically ill, and it was done in a manner that reduces the deficit. Single-payer would have been better, but it was barely politically possible to get through the current version.

      Now, maybe if you only get your news from Bill O'Reilly and Rush Limbaugh, you might think that Obama hasn't done anything positive. But that's your own failing. Any intellectually honest person who has been paying attention would admit that Obama has done a damn good job.

    6. Re:POTUS Opposes the Bill by shutdown+-p+now · · Score: 2

      Me? I'm not a huge Romney fan, but I'd vote for a small soap dish over Obama.

      Let's put it this way: what exactly would Romney do that'd be any better than what Obama has already done / will do?

  9. Who didn't see this coming? by AntiBasic · · Score: 3, Funny

    They told me if I voted for John McCain, we'd see even more invasions of privacy than under George W. Bush, and they were right!

  10. With ages of abuse comes wisdom by Zero__Kelvin · · Score: 5, Interesting

    Unfortunately I speak from experience. I have been in the right, and stuck up for my rights many times. ... and no, I'm not stupid, but you can bet your ass I am stubborn as hell and outraged that the cops constantly piss on the graves of so many men who valiantly fought for the freedoms they spit on daily.

    It hasn't worked out well even once. What you are proposing doesn't work in the real world. On TV the cops are very careful about following the rules. In reality they believe that the rules are there to use when it is convenient, and ignore when it is not. In the situation you just described the absolute best * that you can hope for is going to court several times over the course of several months followed by a jury trial with a not guilty, at which point a lawyer will tell you with a straight face that - in the eyes of the law - even though you are presumed innocent until and unless convicted, the fact that you were found not guilty does not mean that the court has found you innocent. The charge will appear on your record when an employer runs a background check (in most if not all states.) The person doing the hiring will assume that you were guilty and they just didn't prove it, or at the very least that you must have done something wrong to be arrested.

    * There is an extremely slight chance the case will be dropped, but that almost never happens even when the police report contradicts other provable facts. In one case I had, the DA actually told the cop that what he wrote made it clear I was not guilty, at which point the cop was allowed to file an amended report with the additional lies needed to tie it all up (The car was stuck in a snowbank in the driveway (True) was changed to the car was stuck halfway in the driveway and half way in the street [The lie they needed (TM).]

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:With ages of abuse comes wisdom by cffrost · · Score: 2

      Bring a video camera next time, and a friend.

      Cop will simply smash both.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
  11. Re:Always assume evil intent by bkmoore · · Score: 3, Insightful

    ....The president could then define what treatments must be covered, what may not be covered, what might not be paid for by gov and so forth....

    You mean as private insurers currently do?

  12. Re:Contact your representative by Tancred · · Score: 2

    Yes, please do call your reps. If if you're like me and "bipartisan" isn't granular enough, here's the break down so we know who to blame:

    The Patriot Act - 2001 (Yeas / Nays / Not Voting):
    House of Representatives:
    Republicans: 211 / 3 / 5 (96%)
    Democrats: 145 / 62 / 4 (68%)
    Independents: 1 / 1 / 0 (50%)
    Senate:
    Republicans: 49 / 49 / 0 (100%)
    Democrats: 48 / 1 / 1 (96%) - Hooray for Russ Feingold
    Independents: 1 / 0 / 0 (100%)

    CISPA cosponsors (from your link):
    Republicans: 86 (out of 242, 35%)
    Democrats: 26 (out of 190, 13%)

    SOPA had 16 of each on the list, but had various joining dates and withdrawals. I'd like to see the data for the Patriot reauthorization votes, but don't have time right now.