Saturday, April 4, 2009

The Cybersecurity Act of 2009

Take a look at this scary piece of legislation.
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 does not only add to the power of the president. It 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.
The bill could undermine the Electronic Communications Privacy Act (ECPA), says CDT senior counsel Greg Nojeim. That law, enacted in the mid '80s, requires law enforcement seek a warrant before tapping in to data transmissions between computers.
The potential abuse of power here is too great to allow that power in the hands of anyone. It's a matter of trust and I don't trust anyone at that level in the political food chain. The only concern they have is obtaining and keeping power. I am concerned with the protection of my rights. They ain't. Get a warrant or prove exigent circumstances. Otherwise stay the hell out. We need to be calling our Representatives and Senators on this one. I think that this Benjamin Franklin quote is appropriate...
Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

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