Read

Search form

CISPA 2.0: Say Goodbye to Our Constitutional Rights

CISPA 2.0: Say Goodbye to Our Constitutional Rights
Thu, 2/28/2013 - by Chris Paulus

 

The unrelenting attack on our civil liberties and our privacy continues. Last year we managed to survive an onslaught of legislation that would have destroyed entrepreneurship and free enterprise on the Internet, and our ability to define how we share music, art and information in general.

First there was the Stop Online Piracy Act and the Protect IP Act, or SOPA and PIPA, respectively: two pieces of legislation geared at protecting the copyrights of monopolistic media companies and taking drastic measures to enforce them, like shutting down websites that allow the sharing of this copyrighted material for free. The New Zealand police raid of the house of Kim Dotcom, founder of Megaupload, and the site's subsequent shutdown by the FBI provided a glimpse of what lies ahead if laws like these are passed.

The Anti-Counterfeiting Trade Agreement, or ACTA, took measures a step further by allowing governments to monitor the Internet to enforce copyright law and supposed intellectual property rights. Tens of thousands of Europeans mobilized in response, telling businesses and politicians that companies could not intrude on fundamental human rights, or morph and twist the law to enforce their hand-picked business model.

But despite resounding political opposition in the U.S. and worldwide to Internet censorship and infringements on freedom of speech and privacy, our callous and out-of-touch politicians managed to craft an even scarier piece of legislation: CISPA.

The Cyber Intelligence Sharing and Protection Act passed in April of 2012 in the House by a vote of 248 to 168, but stalled in the Senate because of a disagreement over privacy concerns. At the time, the White House threatened to veto the law because Obama’s advisers raised additional privacy concerns, chief among them Howard Schmidt, who resigned suddenly last May after the bill’s introduction. Schmidt also helped author statements against SOPA and PIPA.

But lo and behold, the two principal authors of the CISPA bill, Rep. Dutch Ruppersberger (R-Mich.) and Sen. Dutch Ruppersberger (D-Calif.), re-introduced the same exact bill several weeks ago on February 12 – presumably in response to recent so-called cyber-attacks from China and security breaches by the hacktivist group Anonymous, whose non-violent actions are a direct response to government's malfeasance and abuse of online authority.

The provisions stipulated in the CISPA legislation are intimidating and far-reaching. Although CISPA does not require private companies to share information with the government, it opens the floodgates for an unprecedented and endless funneling of private communication information to federal military intelligence agencies such as the NSA and the FBI. The only justification for a company to share information with the government is broadly and vaguely defined by a single term: “cybersecurity.”

Additionally, CISPA would override current privacy law such as the Wiretap Act and the Stored Communications Act; in fact, it grants companies complete immunity from judicial oversight and prosecution for the violation of privacy. Under CISPA, information provided to the government would be exempt from FOIA requests.

Furthermore, CISPA does not require companies to notify the individuals from whom they’re collecting data or information – which makes its section about the ability to form a lawsuit against the government little more than a formality.

“If [this bill is] passed,” claims Namecheap, a domain service opposing CISPA, “the U.S. government gains the power to ask your ISP about any/all of your online activities and personal information. Advocated under the premise of anti-terrorism legislation, this legislation is so broad that it threatens to endanger the privacy of every individual and ordinary and law abiding citizens.

"This act makes your private online activity now public, giving ISPs the right to share your personal information completely without your knowledge, due process, or authorization.”

The same day that CISPA was reintroduced, President Obama signed an executive order that deals specifically with information sharing by the owners and operators of CI, or critical infrastructure, such as the banking, communication, transportation and utility industries.

It would not require the passing along of our private information to the government. Additionally, the executive order focuses on the government's sharing of information that it can already legally collect with the CI companies - instead of its rights to gather new information from private ISPs, as stipulated in CISPA.

Part of the reason SOPA and PIPA were booted from Congress was the overwhelming citizen mobilization against it, but also because companies like Google, Firefox, Tumblr, Twitter, Wikipedia and other giant Internet businesses realized the legislation would devastate their enterprises.

Unfortunately, this time around, we won't have these companies fighting on our side because CISPA grants them immunity from lawsuits and has provided them with enough assurance that it will not affect their business in any significant way.

The drafting and introduction of SOPA, PIPA, ACTA and CISPA are all examples of our elected leaders' growing disregard for citizens' fundamental privacy rights, Constitutional rights and free speech rights as manifested in the digital world. Essentially, this legislation provides the formality our government needs to legitimize and legalize what it is either currently doing or what it wants to do. Just look at the NSA, which is already performing extensive and unprecedented data-mining on U.S. citizens in flagrant violation of the Fourth Amendment – but using only vague legislation to justify it.

Passing CISPA will be a significant step in America's already far-progressed trudge towards a police state -- and will, more specifically, encourage already-compliant businesses to provide our personal information to our government as if those two enshrined words did not exist: Constitutional rights.

Add new comment

Sign Up

Article Tabs

Standing Rock Sioux protests, Dakota Access Pipeline, police brutality, police violence, fossil fuel protests, Big Oil, Diggers, attack dogs

Some of the faces and voices from Standing Rock, in their own words.

U.K. surveillance legislation, Investigatory Powers Bill, Snoopers Charter, U.K. terrorism surveillance, U.K. surveillance programs, internet surveillance, cell phone surveillance, metadata

The Investigatory Powers Bill – or “Snoopers Charter” – is now enshrined in U.K. law, forcing internet and mobile phone companies to keep a record of all citizens’ browsing and phone use, even if they aren't suspected of terrorism.

Big Oil, Big Finance, economic transformation, climate collapse, economic alternatives, fossil fuel free, fossil fuel divestment, copyright laws, infrastructure investment, worker-owned cooperatives, jail the bankers, too big to fail

Moving society away from carbon dependence is not just about becoming good consumers, but engaged citizens.

money in politics, Don McGahn, campaign finance laws, FEC, campaign finance regulation, Citizens United, money as speech

Don McGahn, soon to be Donald Trump’s White House counsel, bears as much responsibility as any single person for turning America’s campaign finance system into something akin to a gigantic, clogged septic tank.

This week, the ice is melting, sea levels are rising and science denying psychopaths are steering the canoe.

Somali-Americans, Somali businesses, Abdul Razak Artan, Ohio State attacks, Somali activism

The Somali-American community was bashed last week after Abdul Razak Artan, a member of Ohio's large and growing Somali community, took part in a car-ramming attack and massive stabbing at the school that left 13 injured.

Posted 5 days 26 min ago
Dakota Access Pipeline, Standing Rock, Alex Garland, North Dakota, Standing Rock Sioux tribe, Standing Rock protests

Here are some of the faces from Standing Rock, in their own words.

Posted 5 days 12 min ago

This week, the ice is melting, sea levels are rising and science denying psychopaths are steering the canoe.

Posted 3 days 22 hours ago
Dakota Access Pipeline, Standing Rock Sioux tribe, Standing Rock protests, DAPL

"We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us."

Posted 5 days 18 hours ago
Big Oil, Big Finance, economic transformation, climate collapse, economic alternatives, fossil fuel free, fossil fuel divestment, copyright laws, infrastructure investment, worker-owned cooperatives, jail the bankers, too big to fail

Moving society away from carbon dependence is not just about becoming good consumers, but engaged citizens.

Posted 2 days 17 hours ago
Jill Stein, presidential recall, recount votes, voting machines, hacked votes

Hours after dropping its case at the state level, the campaign said late Saturday it will pursue efforts in federal courts to contest the Nov. 8 election in Pennsylvania.

Big Oil, Big Finance, economic transformation, climate collapse, economic alternatives, fossil fuel free, fossil fuel divestment, copyright laws, infrastructure investment, worker-owned cooperatives, jail the bankers, too big to fail

Moving society away from carbon dependence is not just about becoming good consumers, but engaged citizens.

Somali-Americans, Somali businesses, Abdul Razak Artan, Ohio State attacks, Somali activism

The Somali-American community was bashed last week after Abdul Razak Artan, a member of Ohio's large and growing Somali community, took part in a car-ramming attack and massive stabbing at the school that left 13 injured.

Dakota Access Pipeline, Standing Rock, Alex Garland, North Dakota, Standing Rock Sioux tribe, Standing Rock protests

Here are some of the faces from Standing Rock, in their own words.

Dakota Access Pipeline, Standing Rock Sioux tribe, Standing Rock protests, DAPL

"We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us."