Public opinion in
the United States is hugely divided over a new law that would allow technology
and manufacturing companies and the US Government to share sensitive data.
On 26 April, the
House of Representatives passed the Cyber Intelligence Sharing and Protection
Act (CISPA), which was introduced in November 2011 and aims to fight
cyberattacks and online crime. Although more than 800 US companies - including
Facebook, IBM, Verizon and AT&T - support the law, CISPA is fiercely
opposed by privacy groups, journalists and civil rights organisations, such as
Reporters Without Borders and the Electronic Frontier Foundation.
CISPA will “almost definitely” violate civil rights and invade
privacy, said James Skyles, a Partner at Skyles Law
in Mount Prospect, Illinois. He understands, however, why companies support the
proposed legislation: “The economic impact of data information sharing would be
a positive one.”
“Are you asking me, does the bill leave open the possibility of the government egregiously violating citizens’ civil rights? Sure, if the feds do not follow the parameters of when and what kind of information they are entitled to share”, said Aaron Kelly, of Kelly Warner in Temple, Arizona.
“Are you asking me, does the bill leave open the possibility of the government egregiously violating citizens’ civil rights? Sure, if the feds do not follow the parameters of when and what kind of information they are entitled to share”, said Aaron Kelly, of Kelly Warner in Temple, Arizona.
“CISPA goes too
far for little reason", said Michelle Richardson, of the New York
City-based American Civil Liberties Union. "Cybersecurity does not have to
mean abdication of Americans' online privacy. The government gets expansive
national security authorities, there is no going back. We encourage the Senate
to let this horrible bill fade into obscurity.”
However, Cordell Carter, Vice President of
the Business Roundtable, an association of chief executive officers in
Washington D.C., thinks “CISPA is a very positive and important piece of
legislation. This law represents the best, most flexible and effective approach
to developing a more robust and responsive cybersecurity infrastructure”.
Carter is convinced “improved information sharing will help protect US national
security and economic interests”.
Under CISPA,
which is an amendment to the National Security Act of 1947, government agencies
would be permitted to share data with private businesses, and companies may
share information with the government on a voluntary basis. “Whether or not
[CISPA] succeeds can only be determined by whether or not the private sector
takes advantage of the new freedoms”, said Skyles. “It is a horse to water
issue. The law does not force anyone to do anything, it merely opens up
the doors.”
Since
participating businesses would enjoy full legal immunity from any legal action
brought by consumers who wish their data remains private, Skyles expects “issues
[will] arise as to whether or not an individual can waive certain privacy
rights by clicking ‘I accept’ on an end user licensing agreement. People
do this every day without even thinking about it.”
Kelly, however, remarks “most people would probably be shocked to find out how much of their information is currently being used and collected by advertisers already”, and points out that, even if the Bill is eventually signed into law, it does include a provision that gives citizens the right to sue the US Government: “It is probably going to come down to the first lawsuit. If a citizen believes their civil rights have been violated, and they decide to file a lawsuit against the feds, and win… well, that would set precedence.”
Kelly, however, remarks “most people would probably be shocked to find out how much of their information is currently being used and collected by advertisers already”, and points out that, even if the Bill is eventually signed into law, it does include a provision that gives citizens the right to sue the US Government: “It is probably going to come down to the first lawsuit. If a citizen believes their civil rights have been violated, and they decide to file a lawsuit against the feds, and win… well, that would set precedence.”
CISPA stipulates that the
responsibility for domestic cybersecurity would be handed over to the National
Security Agency (NSA) in Fort Meade, Maryland, which is a serious concern for Greg Nojeim, of the Center
for Democracy and Technology in San Francisco. “[CISPA] leaves two key issues
unresolved, the flow of information to the super-secret NSA and the broad
purposes for which that information can be used." This is also a
concern for Skyles: “[CISPA] is vaguely worded, which casts doubt as to both
its impact and its enforceability.”
Kelly thinks it
is “concerning that tech-savvy civilians could be given access to a heck of a
lot of information.” He adds: “In theory, some of these social networking
companies like Facebook are going to have to start vetting employees as
vigorously as the CIA. As such, let’s face it, the potential for leaks
skyrockets once the government decides to share information with civilians”,
which makes Kelly wonder whether CISPA “is doing more to curtail national
security as opposed to strengthening it”.
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| US President Obama |
Meanwhile, US
President Barack Obama said he "strongly opposes" the law
since “[CISPA] could seriously damage individuals' privacy”, adding that “any
legislation should not be sacrificing the fundamental values of privacy and
civil liberties”. The White House has indicated Obama may veto the Bill.
However, Skyles is not impressed by Obama’s statement and calls the “veto
threat largely a political one”. He explains: “The letter sent by the White
House press office states that a cyber security law needs to set the correct
balance between privacy issues and national security, yet they have given no
suggestion as to how to strike that balance, nor have they given any indication
as to what would satisfy their concerns.”
The Obama administration backs another
piece of legislation, a Senate bill sponsored by Senators Joe Lieberman, an
Independent, and Susan Collins (Republican), that would give the Department for
Homeland Security the power to set security standards. The US Senate is
expected to vote on CISPA within the next two weeks.
Aaron Kelly is convinced the discussion is far from over: “Now the law has been passed by Congress, the average Jane and John are just learning about it, so I expect to see a lot more coverage of the issue, and we’ll start to see a citizen backlash. I have yet to talk to an individual internet user who is for CISPA.”
Aaron Kelly is convinced the discussion is far from over: “Now the law has been passed by Congress, the average Jane and John are just learning about it, so I expect to see a lot more coverage of the issue, and we’ll start to see a citizen backlash. I have yet to talk to an individual internet user who is for CISPA.”
Michiel Willems © 2012 CP Publishing Ltd. London, UK. Pictures: Digitaltrends.com / Iowarepublican.com / TheOffside.com / Stuff.co.nz
