Cybersecurity Act of 2009: Who Controls the Internet?
Recently, there was some debate over whether the Cybersecurity Act of 2009 (S. 773) would, as Mike Masnick feared and Declan McCullagh wrote, “permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency”. Wired’s Nicholas Thompson responded, arguing that the text of the bill did not justify those allegations.
Notice all the hedging. He “may”, “may”, “if he finds it necessary”, “in coordination.” And then they payoff? He can “direct the national response”!
That’s not giving him any powers that he doesn’t already have, and there’s no justification in that language for the hysteria. It is also much more in sync with what Obama himself has said. He has been very clear that he doesn’t want to snoop on private networks, much less take them over.
However, a Congressional staffer (who works on this issue and wishes to remain anonymous) has told me that the hedge language cited by Wired does not necessarily support Thompson’s conclusions.
Just because it no longer explicitly says the President “may…order the limitation or shutdown of Internet traffic” doesn’t necessarily mean it doesn’t still give him that authority.
What is a “cybersecurity emergency”, and what does such a declaration mean?
What does “direct[ing] the national response to the cyber threat” mean?
“Critical information systems and networks” is defined as “information systems and networks…designated by the President as critical information systems and networks”. Thus, the President can exercise his vague “cybersecurity emergency” authority on any system or network he deems “critical”.
“[I]n coordination with relevant industry sectors” is a throwaway provision. If the President declares an emergency and the White House simply calls up AT&T or Level 3 or Cox Cable to inform them that the government is shutting down their networks, that would probably satisfy the “coordination” clause.
There’s no review or redress process given for the exercising of this emergency authority.
Vaguer language doesn’t necessarily mean less power or authority. Just cause it sounds more innocuous doesn’t mean that it is.
I’m hearing that we won’t see a cyber bill before the end of this year. It’ll probably happen by the end of the 111th Congress, but there are is still a lot of work to do. I’m also hearing that it won’t be the Rockefeller/Snowe bill…it’ll be the Lieberman/Collins bill. We’re working with all staffs on this initiative.
Interesting. Good insight.
[...] Jon Henke over at digitalsociety.com posted an interesting article that caught my eye. Of particular interest is the quote from the “Congressional staffer (who works on this issue and wishes to remain anonymous).” Thought I’d share it here. Recently, there was some debate over whether the Cybersecurity Act of 2009 (S. 773) would, as Mike Masnick feared and Declan McCullagh wrote, “permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency”. Wired’s Nicholas Thompson responded, arguing that the text of the bill did not justify those allegations. [...]
Leave your response!
Twitter Feed
About Us
Digital Society is a digital think tank that believes culture and commerce are inseparable, that the digital economy flourishes when people are free and rights are secure, and that free markets free people.
Digital Society is an independent 501(c)3 non-profit organization, funded by donations from Jon Henke and from Arts+Labs. We advocate for a pro-culture, pro-commerce digital society through research, analysis and debate on emerging technology issues.
Reply Comments
Transparency and interactivity are trademarks of the Internet era, and we aim to foster them here at Digital Society. It is inevitable that some people will disagree with the technology policy positions we take. We want to have that constructive debate.
The Reply Comments feature gives our critics a chance to respond to our viewpoints and the Digital Society audience convenient access to competing arguments. Any time we directly challenge the views of an individual or a group on this site, the party in question may substantively respond in a guest post.
Please contact executive director Jon Henke by e-mail.
Subscribe
Recent Posts