The Report: Tech News and Geek Culture, EP 003 – CISPA

What’s in the bill? How does CISPA work? The Report talks CISPA with The Talk Radio News Service congressional correspondent Justin Duckham.

On Friday the Cyber Intelligence Sharing and Protection Act was passed in the House of Representatives. Justin Duckham covers the House for TRNS and explained what’s actually in the bill. Justin also poked around ask found out the potential legal implications of CISPA, the differences between the McCain and Lieberman versions of CISPA in the Senate, and  how the White House feels about the politics of the bill.

More information on CISPA:

Download Audio: The Report: Tech News and Geek Culture, EP 003 – CISPA

2 thoughts on “The Report: Tech News and Geek Culture, EP 003 – CISPA

  1. It’s interesting. If you get into the meat of the bill, it’s actually on the companies on what they provide the government. The bill it’s self does not affirmatively provide government the ability to have access to private data. In other words, the companies will have to give the data up..and some have already said they will. The anger, or at least part of it, should be directly at the companies saying right now that they WILL provide our data to the government. Either way, it’s too early to tell for sure what the senate and WH will actually do. (If you recall and as randall above mentions..they said the same thing about not passing and Vetoing NDAA 12..and it DID pass and WAS signed..)

    All of the “controls” in the bill seem okay, with two exceptions:

    1.) all information shared will be exempt from freedom of information act (FOIA) requests. (This is designed, in theory, to protect potential proprietary information being released, but also can be used to shield all activities under the act.) This is a concern of the ACLU and others and for good reason. Very few members of the Intelligence Community have the full FOIA exemptions outside of the typical National Security exception (GLOMAR). (Under the standard exception, an agency checks for files in the request, but then does not release based on security reasons and issues a GLOMAR – Can neither confirm or deny. However the agencies do have the ability to answer the question.) In this case, no check will be done at all and there is no recourse.

    2.) (Justin points this one out) information shared with the government will be used for cyber security AND anything involving “national security.” As advocates have stated, this rather “open door” part of the bill is some what worrisome. You must also take this into consideration when looking at other passages for the intelligence community under this administration: (http://www.dni.gov/press_releases/20120322_Revised_Guidelines.pdf) Under existing laws, most intelligence entities can only hold US Persons information for no longer than 180 days (some limit themselves to only 90 days) but this new guidance increase to a potential five years with no cause, warrant, etc.

    Though it will be interesting to see what happens in the senate with this bill, I think people might be surprised. Sure, senate democrats seem to support 4th amendment issues,but that same senate voted in large numbers for NDAA 12 which now allows the US military to detain Americans without cause, warrant, etc in the name of national security and the White House signed it without issue. If you look closely at the records of this Administration and this senate, you will see they say more about protecting civil rights and civil liberties than they actually do so in protecting them.

    Just some more food for thought. Time will tell, still plenty of time to add more amendments in the senate..etc..

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