Saturday, August 29, 2009

Will Senator Rockefeller Give Obama Emergency Control of the Internet (SB 773)?

Senate Bill 773 was hyped up back in the spring and then the propaganda about its necessity died down after an initial hype. Congress will be back in session soon, so SB 773 is coming back to the forefront. This is another one of those really scary bills that seem to be coming up for vote on a weekly basis. This bill gives President Obama the right to shut down any computer network deemed a threat to cybersecurity. How likely is it that this power will be abused?

They're not much happier about a revised version that aides to West Virginia Senator John Davidson “Jay” Rockefeller IV — the Democratic great-grandson of oil mogul John D. Rockefeller — have spent months drafting behind closed doors. CNET News has obtained a copy of the 55-page draft of S.773 (excerpt), which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency.

The new version would allow the president to "declare a cybersecurity emergency" relating to "non-governmental" computer networks and do what's necessary to respond to the threat. Other sections of the proposal include a federal certification program for "cybersecurity professionals," and a requirement that certain computer systems and networks in the private sector be managed by people who have been awarded that license.

Here is a response received by CNET from Jena Longo, deputy communications director for the Senate Commerce committee along with her email statement. Basically, she says that Obama has the power to do whatever he wants in connection with the cyberattack and that the Constitution protects any such action. However, she disagrees with any suggestion that this bill will lead to a government shutdown of the Internet, and any such suggestion is misleading and false. I guess only time will tell. Despite Ms. Lango's email, I still oppose SB 773:

The president of the United States has always had the constitutional authority, and duty, to protect the American people and direct the national response to any emergency that threatens the security and safety of the United States. The Rockefeller-Snowe Cybersecurity bill makes it clear that the president's authority includes securing our national cyber infrastructure from attack. The section of the bill that addresses this issue, applies specifically to the national response to a severe attack or natural disaster. This particular legislative language is based on longstanding statutory authorities for wartime use of communications networks. To be very clear, the Rockefeller-Snowe bill will not empower a "government shutdown or takeover of the Internet" and any suggestion otherwise is misleading and false. The purpose of this language is to clarify how the president directs the public-private response to a crisis, secure our economy and safeguard our financial networks, protect the American people, their privacy and civil liberties, and coordinate the government's response.

Source: CNET

No comments: