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Microsoft Backs Away From CISPA Support, Citing Privacy

suraj.sun writes "CISPA, the hotly-contested cybersecurity bill making its way through Congress, has been supported by Microsoft since it was introduced. However, the company now tells CNET that any such legislation must 'honor the privacy and security promises we make to our customers,' while also 'protecting consumer privacy.' As you may recall, the U.S. House passed CISPA on Thursday. The Obama administration has threatened to veto the bill. Quoting CNET: 'That's a noticeable change — albeit not a complete reversal — from Microsoft's position when CISPA was introduced in November 2011. To be sure, Microsoft's initial reaction to CISPA came before many of the privacy concerns had been raised. An anti-CISPA coalition letter (PDF) wasn't sent out until April 16, and a petition that garnered nearly 800,000 signatures wasn't set up until April 5. What makes CISPA so controversial is a section saying that, "notwithstanding any other provision of law," companies may share information with Homeland Security, the IRS, the NSA, or other agencies. By including the word "notwithstanding," CISPA's drafters intended to make their legislation trump all existing federal and state laws, including ones dealing with wiretaps, educational records, medical privacy, and more.'"

32 of 132 comments (clear)

  1. What is wrong with you americans? by Anonymous Coward · · Score: 2, Insightful

    Seriously? What is wrong with you guys? How in the fuck did you even come up with a system where non related shit can be tacked on to a bill? Is it bullshit that got added on later or were your vaunted founding fathers slightly retarded?

    1. Re:What is wrong with you americans? by bleedingsamurai · · Score: 5, Interesting

      A democracy only works when the public isn't mainly comprised of morons. I blame shitty public education.

    2. Re:What is wrong with you americans? by Anonymous Coward · · Score: 5, Insightful

      It happened because the public is too involved making sure their party gets elected, right or wrong, to give a fuck about what their party is actually doing. This kind of thinking has all the trappings of a high school football game. The sooner that people abandon their party the sooner we get back to being where we need to be. The current division in American trust is split along party lines and even when both "sides" agree they refuse to come to terms because they see it as taking on the banner of the enemy.
       
      People planet wide will suffer for what has happened for decades to come.

    3. Re:What is wrong with you americans? by betterunixthanunix · · Score: 4, Insightful

      I blame the fact that most Americans have no idea why their rights are important, or what life would be like without those rights. We are already starting to get our feet wet with this, but people need to be tossed in head first before they really understand the issues. When people are being asked for their papers before being allowed to cross state lines, when their search histories are scrutinized whenever they try to spend money, when it becomes impossible to live without breaking laws and bribing cops, then people will understand -- but by then it will be too late anyway.

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      Palm trees and 8
    4. Re:What is wrong with you americans? by bbecker23 · · Score: 2

      Having met "homeschool parents" (I was homeschooled for a bit, growing up) I can honestly say that no matter how shitty the schools are, they are far and away better than most homeschoolers. It can be done well and with those people I have no complaint, but, in my experience, those parents are less concerned with quality education that with isolating children from "corrupting influences" or more thoroughly impressing religious doctrine in the guise of education.

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    5. Re:What is wrong with you americans? by the+eric+conspiracy · · Score: 2

      The tree of liberty must be refreshed from time to time.

    6. Re:What is wrong with you americans? by roman_mir · · Score: 2, Interesting

      We are already starting to get our feet wet with this

      - starting? The only obvious difference between what's been going on for about 100 years in USA now and what's been happening since 9/11 is that before the transgressions against individual rights only hit minorities (employers and investors mostly but also other individual property owners), while what's happening now is hitting the majority (everybody else).

      The rights of individuals were been compromised in USA for a long time now and when I say that I include the right to pursuit of happiness, as in - get the fucking government out of people's way to do what they can as long as they are not hurting other individuals in the process and that's what State criminal courts and civil courts are for. Everything, from government backing unions, printing currency and income taxes to minimum wage to SS and Medicare to wars to regulating every aspect of property and ownership under the sun, all of this has been compromising the principles of individual freedom, it's just that the majority was in silent agreement with those transgressions. Well guess what, eventually they come after you as well.

    7. Re:What is wrong with you americans? by bbecker23 · · Score: 3, Insightful
      I'm hardly hand-waving. Read the rest of my post (the part you didn't care to quote).

      It can be done well and with those people I have no complaint, but, in my experience,

      As a college educated individual in a STEM discipline, I'd feel perfectly confident with homeschooling in science or math courses. Have me try to teach a history class and the results would be comical at best. The idea that John Q. Public, with nothing more than a textbook for the class, can be as effective at education as someone with Masters (required in my state, YMMV) is indicative of the dismissive attitude we tend to take towards education.

      Some notable stats: among homeschooling fathers, ~32% have "Some College/No Degree" or less. Mothers do slightly worse with ~33% having the same education level. If we include through BA/BS (which is unlikely to be in something relevant to teaching) the numbers are even more stark. At a time when we are demanding more of our teachers, are we also going to say that a few classes at the community college is sufficient to teach high school calculus?

      Source

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      cat /dev/random > sig.txt
  2. Microsoft can capitalize on this. by tommasorepetti · · Score: 5, Interesting

    With corporate backers of CISPA including Facebook, there is room for tech giants to secure some quick PR gains in the tech community with this. I think many people found the Windows 8 developer/consumer preview underwhelming, if not annoying. Seriously, Windows without a Start menu? I'm starting to believe the Mayans about what's supposed to happen in December. What was more alarming about this Windows 8 business, is how closed Microsoft was to popular opinion. The Windows 7 RC generated massive contributions. (It actually did... I am not just citing the "Windows 7 wsa my idea" ad campaign.) It seems that Windows 8 was entirely Microsoft's idea. If they want to be numb to the complaints of their own fanbase and turn Windows 8 into the bastard child of a currently non-existent Windows tablet and a Windows 7 PC, that is cool... I run Linux anyway. I was only responding to the developer preview to help them out. I do not think political PR stunts like this can change the fact that Microsoft is turning into a corporation more and more out of touch with their own customer base. Seriously, try to explain to corporate America why a clusterfuck start screen of different apps helps productivity. Windows 8 may be the greatest giveaway to RHEL ever, and not even appealing to populist disgust with CISPA is going to change that.

    1. Re:Microsoft can capitalize on this. by Sique · · Score: 3, Insightful

      No. CISPA requires (in its current reincarnation), that a U.S. company allows access to all its servers on a request based on CISPA, may they be domestic or overseas.
      As such, CISPA collides with european requirements.

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      .sig: Sique *sigh*
  3. This is the same old pattern by olsmeister · · Score: 4, Insightful

    They will keep putting forward bill after bill, chipping away privacy rights a little at a time if necessary. Any setback is merely temporary for them. Time (and money) is on their side.

    What someone should be doing is introducing legislation that enumerates, codifies, and protects specific rights and expectations of privacy that citizens have, and then work the anti-terrorist/copying/IP laws around that framework. (I know, we shouldn't need to do this, but it's our system apparently.) This is bass-ackwards.

    1. Re:This is the same old pattern by betterunixthanunix · · Score: 5, Insightful

      What someone should be doing is introducing legislation that enumerates, codifies, and protects specific rights and expectations of privacy that citizens have

      You would have to amend the constitution for that. Here is how I would word such an amendment:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Of course, there is no way anyone would dare to include such language in our constitution, at a time when we are surrounded by enemies who are hell-bent on destroying our nation. We could be attacked at any time; how can we even think of codifying such a right in our constitution?

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      Palm trees and 8
    2. Re:This is the same old pattern by Anonymous Coward · · Score: 2, Informative

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      For those of you who didn't get the reference, that is the 4th Amendment of the US Constitution, proposed in 1789, and enacted in 1791.

  4. Microsoft and Law Enforcement Agencies by betterunixthanunix · · Score: 4, Informative
    https://www.microsoft.com/industry/government/solutions/cofee/default.aspx

    Note that this is exclusively for law enforcement -- law abiding citizens would presumably have difficult obtaining technical information or copies of this product (I doubt that criminals will have much trouble). The last line on that page is telling:

    If it's vital to government, it's mission critical to Microsoft.

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    Palm trees and 8
    1. Re:Microsoft and Law Enforcement Agencies by DeathFromSomewhere · · Score: 2, Insightful

      So you are going to point out some 1 line marketing snippet, take it completely out of context, and then extrapolate it to mean that Microsoft is selling private consumer data to various governments. Please elaborate because I feel like I'm missing something here.

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      -1 overrated isn't the same thing as "I disagree".
    2. Re:Microsoft and Law Enforcement Agencies by betterunixthanunix · · Score: 4, Insightful

      Perhaps you missed the part about technology given only to law enforcement, which allows them to take forensic data from live systems -- technology that criminals will be able to study, but which is deliberately hidden from law abiding citizens. The point is not that Microsoft is actively handing data over, the point is that Microsoft is not going to stand up to law enforcement and say, "No, we are not voluntarily helping you." The opposite is true: Microsoft is giving away technology at no cost to help law enforcement gather data from computers.

      Microsoft did show an iota of backbone when it came to the clipper chip, but times have changed. Now Microsoft wants to cultivate a friendly relationship with the government. Perhaps the OP was a little strong with calling this a "first" for Microsoft, but it is not exactly something that we should expect either.

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      Palm trees and 8
    3. Re:Microsoft and Law Enforcement Agencies by Daniel+Dvorkin · · Score: 3, Insightful

      Microsoft is giving away technology at no cost to help law enforcement gather data from computers? So is open source. Get over your bad self.

      OSS forensics tools are available to everyone, and provided by people who generally believe in giving away their code. COFFEE is available only to law enforcement, and provided by a company which generally makes money from selling closed-source, proprietary software. Please don't try to pretend that the two situations are even remotely comparable.

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      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  5. Re:Microsoft has always been pro-privacy by Penguinisto · · Score: 5, Insightful

    Please - the only reason Microsoft is backing away from it now is because they were caught supporting it. Look for them to happily support the next anti-consumer bill to come down the pike if the bill benefits them... and just like this time, and SOPA before it, they'll quietly hope that this time, nobody notices.

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    Quo usque tandem abutere, Nimbus, patientia nostra?
  6. Re:a first time for everything. by bleedingsamurai · · Score: 2, Informative

    I want you to go home, turn off any thing on your network that might be sending broadcast traffic, fire up a computer running a freshly installed copy of a Windows that was legally obtained and theoretically shouldn't contain any rootkits or backdoors.

    Then fire up a frame capture and watch all the odd traffic flowing from the box, even after you turned off things like automatic updates and netBIOS to ensure you aren't picking up legitimate services.

  7. Re:a first time for everything. by spire3661 · · Score: 5, Informative

    Umm no. The geeks rose up about Microsoft back in the day because they tried to own the entirety of computing through a long campaign of malicious acts. Sure we hate paying licensing and the MS scheme is egregious, but thats not what evoked retribution.

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    Good-bye
  8. Ok If no one knows by fermion · · Score: 3, Informative
    To be sure, Microsoft's initial reaction to CISPA came before many of the privacy concerns had been raised. An anti-CISPA coalition letter (PDF) wasn't sent out until April 16, and a petition that garnered nearly 800,000 signatures wasn't set up until April 5.

    So in other words MS was perfectly willing to allow the US government access to all it's customers data and machines without a warrant or any kind of reasonable probable cause as long as it was on the down low. But when it is publicized, they decide it is not such a s good idea. This situation leads credence that MS might already supply customer data on demand to the US government, so this is really SNAFU.

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    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  9. Re:Microsoft has always been pro-privacy by betterunixthanunix · · Score: 5, Insightful

    Microsofts business is to sell software

    They also have a substantial and growing online services division, and they are still in a precarious position when it comes to antitrust laws. Microsoft does not want to endanger its relationship with the government -- a relationship that basically resulted in the punishment for their previous antitrust case being completely ignored. They also sell technology to law enforcement agencies that helps in the gathering of computer evidence.

    A business built on privacy violations? No, nobody can accuse Microsoft of that, at least not without some real evidence to back it up. A friendly and valuable relationship with the government, that has allowed them to continue to dominate various markets? Absolutely, and that is why they supported CISPA -- it basically gave them a free pass to cultivate that relationship.

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    Palm trees and 8
  10. Re:Microsoft has always been pro-privacy by Anonymous Coward · · Score: 3, Insightful

    I can't believe this comment hasn't been judged as either flame-bait or trolling. Even if Microsoft wasn't interested early on in collecting data, since they began focusing on the Web, they've made every effort to facilitate the efforts of their customers (not end users) to do so.

    Aside from this, what is Bing! if not another attempt to pigeonhole every end user by their habits, preferences and communications.

    Pro-privacy... give me a break.

  11. Re:a first time for everything. by bleedingsamurai · · Score: 2

    If you can't pin down every data stream spewing from a "pure" install of your operating system, can you be sure it doesn't have private information? A system that obfuscates it's operation is a system that doesn't protect end user privacy, just the privacy of anyone with a backdoor installed on it.

    Heck, I can search the registry to see what websites you've visited, remotely if I wanted too, even after you clear your browser history and temporary data. Maybe Microsoft itself isn't violating your privacy but they sure make it an easy job for others.

  12. Re:Facebook suppots CISPA by Anonymous Coward · · Score: 2, Insightful

    do you even know what terrorism even is? or do you just use scary words to get sheeple to your jackass blog? btw nice porn ad right in the middle of your article

  13. Superceding all other laws by Anonymous Coward · · Score: 4, Interesting

    This bill supercedes the US constitution. Its a blank cheque to the content industries. For Americans wanting anything left of their civil liberties, they should fight this. Americans send missiles, guns, ships, and bombs to other countries to protect their interests. Why is no one sending these materials to the content industries that have effectively enslaved them? The content industries can commit capital crimes (murder, slavery, torture, anything they like) because of this bill. They crossed the line. Its a disgrace to all those who fought in any war in the US. The gutless legislators who supported this sold the farm. They don't deserve citizenship. The US can no longer be called a democracy, because it isn't.

  14. Re:a first time for everything. by Artifakt · · Score: 2

    But how could anyone prove what you ask? You know where your info is while it's on your box. You don't know where it is once somebody else has a copy, by definition. How can anyone prove or disprove that something is or isn't being done by some other party who has surruptitiously gained a copy of the information without knowledge of the original owner? I can't prove what somebody who stole my car did with it afterwards, just as I can't prove what somebody who legally bought my car did with it afterwards.
                  The question of how the property was obtained is still relevant. If Microsoft is sneaky about gathering the information, then it seems likelier that they are also using that information in various ways that don't respect my privacy. If Microsoft doesn't respect some parts of the social compact, then the odds increase that they don't repect others, and not serving as an agent of the police without abiding by the same rules as the real police are supposed to is one of those parts.
                I can't logically prove that Person X molests children, just because Person X has been found guilty of treason, bank robbery, beating his wife, and mopery with intent to gawk. Not being able to prove something, there, does it mean much at all in terms of what I should do?
     

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  15. Re:a first time for everything. by symbolset · · Score: 2

    So you've never used Hotmail then?

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    Help stamp out iliturcy.
  16. BE GLAD OF IT THEN... apk by Anonymous Coward · · Score: 2

    I am, it's actually GOOD to see they have enough character to 1st support something, then to see that users DO NOT WANT IT, & to back clear away from it too.

    * See subject-line, if that's what you really feel is a "1st" from them then...

    APK

    P.S.=> You've got to understand that BIG & POWERFUL as M$ is (& I am definitely a 'fanboy' of theirs + everyone around here knows that much), that YES, they too, have been "hassled" by government & know what THAT's about, & turning THE REPUBLICANS http://clerk.house.gov/evs/2012/roll192.xml this way as they have?

    Admirable!

    It also proves they don't just "stay the course" when the OBVIOUS MAJORITY OF US DO NOT WANT THIS CISPA/SOPA/ACTA BULLSHIT...

    As especially when our own politicians don't write it, & BIG MONEY DOES & they just "champion it" @ Big Money's behest, like a good dog would... wait until taxes don't get paid anymore & the big companies refuse to foot the bill & keep offshoring jobs... then, the politician dogs WILL TURN ON THEIR "PUPPET STRING MASTERS", mark my words on it...

    (Which that type of CRAP? Yes, it has been going on forever, but seems to be coming to a halt because people ARE BECOMING CONSCIOUS OF IT & SCRUTINIZING THE HELL OUT OF CRAP JUST LIKE THIS - God Bless those folks!)...

    ... apk

  17. Re:Microsoft has always been pro-privacy by Penguinisto · · Score: 3, Interesting

    1) Microsoft happily supported it because at the time no one outside of Congress and a few tech giants knew what it actually was. Once its evils were divulged and the tech world at large began ringing the alarms, Microsoft scuttled back. I doubt you'll find those PR release in support of CISPA now, at least not without resorting to archive.org

    2) Google actually took no position on CISPA. Their quote is as follows:

    "We think this is an important issue and we're watching the process closely but we haven't taken a formal position on any specific legislation."

    (The author of the CNET article posted that above-linked quote. Read the story for context).

    In other words, Google is sitting back and not taking any position. Nice attempt to shill on your part, though.

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    Quo usque tandem abutere, Nimbus, patientia nostra?
  18. Re:a first time for everything. by hairyfeet · · Score: 3

    Lets see your data, because if what you said was true then frankly you'd have the story of the decade, but of course it is more likely you are talking out of your tinfoil covered ass. Looking at my own Win 7 HP box, which has been running pretty much 24/7 since Oct 09, I have the browser, Steam running an update...and that is pretty much it. i have MSE checking every few hours for an update, but I'm not seeing a single thing that isn't from software i installed or authorized.

    Now if you want to complain that MSFT won't take the right to install dumbshit then that's true, you can pile on the toolbars and fill your taskbar with a huge pile of shitware, but if you actually pay attention to what you install there will be VERY little traffic coming from your machine and all of it pretty obviously things you authorize, such as Windows time service calling NIST.

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  19. Re:Microsoft has always been pro-privacy by ozmanjusri · · Score: 3, Interesting

    Please - the only reason Microsoft is backing away from it now is because they were caught supporting it.

    They haven't backed away from it. It's only one of their reputation managers in MSM adding some positive spin.

    To quote a Reddit poster:

    Ugh, this is the same pattern as SOPA. Microsoft supported SOPA (which is the house version of the PROTECT IP act, which they still support) for a month until it started to get bad press. Then they changed their position to "it needs more work". They never said they opposed it.

    The person who interpreted that as "opposition" was... Declan McCullagh of CNet! The very same guy who is now trying to give the impression that Microsoft no longer supports CISPA.

    http://www.reddit.com/r/technology/comments/swdtn/microsoft_backs_away_from_cispa_support_citing/c4hl9xe

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