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President Obama Eyeballs Executive Power over Domestic Internet Traffic
Update on the News Below - The U.S. Cyber Consequences Unit is a nonprofit research
institute, http://www.usccu.us
( are they receiving funding to arrive at a goal set by the Obama
Administration to control the domestic internet because of threats?) Read
this Article
Power Grid Internet Hack
A new bill would give the President emergency authority to halt web traffic
and access private data.
Should Obama Control the Internet? Senators John Rockefeller and
Olympia Snowe think so.
On April 2nd they introduced a bill to establish the Office of the National
Cyber Security Advisor—an arm of the executive branch that would have vast
power to monitor and control Internet traffic to protect against threats to
critical cyber infrastructure. That broad power is rattling some civil
libertarians.
The
Cybersecurity Act of 2009 (PDF) gives the president the ability to
"declare a cyber security 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
cyber security 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.
Rockefeller made cybersecurity one of his key issues as a member of the
Senate intelligence committee, which he chaired until last year. He now
heads the Committee on Commerce, Science and Transportation, which will take
up this bill.
"We must protect our critical infrastructure at all costs—from our water to
our electricity, to banking, traffic lights and electronic health
records—the list goes on," Rockefeller said in a statement. Snowe echoed her
colleague, saying, "if we fail to take swift action, we, regrettably, risk a
cyber-Katrina."
But the wide powers outlined in the Rockefeller-Snowe legislation has at
least one Internet advocacy group worried. "The cybersecurity threat is
real," says Leslie Harris, head of the Center for Democracy and Technology
(CDT), "but such a drastic federal intervention in private communications
technology and networks could harm both security and privacy."
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.
"It's an incredibly broad authority," Nojeim says, pointing out that
existing privacy laws "could fall to this authority."
Jennifer Granick, civil liberties director at the Electronic Frontier
Foundation, says that granting such power to the Commerce secretary could
actually cause networks to be less safe. When one person can access all
information on a network, "it makes it more vulnerable to intruders,"
Granick says. "You've basically established a path for the bad guys to skip
down."
The bill's scope, she says, is "contrary to what the Constitution promises
us." That's because of the impact it could have on Internet users' privacy
rights: If the Commerce Department uncovers evidence of illegal activity
when accessing "critical" networks, that information could be used against a
potential defendant, even if the department never had the intent to find
incriminating evidence. And this might violate the Constitutional protection
against searches without cause.
"Once information is accessed, it can be used for whatever purpose, no
matter the original reason for accessing something," Granick says. "Who's
interested in this [bill]? Law enforcement and people in the security
industry who want to ensure more government dollars go to them."
Nojeim, though, thinks it's possible the bill's powers could be trimmed as
it moves through Congress. "We will be working with them to clarify just
what is needed and how to accomplish that," he says. "We're hopeful that
some of the very broad powers that the bill would confer won't be included."
http://www.motherjones.com:80/politics/2009/04/should-obama-control-internet
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