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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.'"

12 of 132 comments (clear)

  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. 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.

  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
  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 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
  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: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.

  7. 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
  8. 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
  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. 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.