Obama’s cybersecurity plan: Monitor more of the Internet
RT | March 21, 2013
President Barack Obama’s plan to protect the United States’ critical infrastructure against cyberattacks is accelerating quickly as more private sector businesses are signing on to share information with the federal government.
When Pres. Obama rolled out his ‘Improving Critical Infrastructure Cybersecurity’ executive order last month, he asked that classified cyber threat and technical information collected by the government be given to eligible commercial service providers that offer security services to businesses linked to the country’s critical infrastructure.
But in the few short weeks since the order was announced during the president’s annual State of the Union address, warnings of an imminent attack have only increased. CIA Director John Brennan told a panel last week that “the seriousness and the diversity of the threats that this country faces in the cyber domain are increasing on a daily basis,” and US national intelligence chief James Clapper claims there is “a remote chance of a major cyberattack against US critical infrastructure systems during the next two years that would result in long-term, wide-scale disruption of services, such as a regional power outage.”
Upon announcement of the executive order, a handful of defense contractors and telecom companies — namely Lockheed Martin, Raytheon, AT&T and CenturyLink — confirmed that they’d be voluntarily sharing information back and forth with the country’s top intelligence agencies in order to closely monitor any threats that could collapse the country’s critical infrastructure, a vaguely defined category assumed to include the nation’s power systems, telecommunication wires and other major utilities.
“The demand is there. I think the priority is there, and the threat is serious,” Steve Hawkins, vice president of information and security solutions for Raytheon, told Bloomberg earlier in the month.
As warnings of a cyberattack increase, however, the latest news out of Washington is that even more private sector companies with ties to critical infrastructure will be participating in the program. In a report published on Thursday by Reuters, the newswire notes that the framework first outlined during last month’s executive order is already quickly shaping up, with tasks being delegated throughout the US so that threat information can be adequately passed to applicable persons.
According to Reuters’ latest write-up, the executive order will require the National Security Agency to collect classified intelligence on serious hacking attempts aimed at American businesses, which will then be handed over to the Department of Homeland Security to pass on to the telecom and cybersecurity providers — Raytheon, AT&T and others — where employees holding security clearances will scan incoming emails and routine Web traffic for threats to the infrastructure.
But while the government has long asked the entities to open up lines of communication with the NSA and other offices, smaller private-sector businesses could soon be signing on. According to Joseph Menn and Deborah Charles of Reuters, the government is already expanding their cybersecurity program so that even more Web traffic heading into and out of defense contractors will be scanned to include far more of the country’s private, civilian-run infrastructure.
“As a result, more private sector employees than ever before, including those at big banks, utilities and key transportation companies, will have their emails and Web surfing scanned as a precaution against cyberattacks,” they write.
Once those participating companies sign on to get data from Homeland Security, the DHS will send them computer threat “signatures” obtained by the NSA that will offer a list of red flags to be watching out for as huge amounts of Web data is scanned second-by-second and bit-by-bit.
“The companies can use this intelligence to strengthen cybersecurity services they sell to businesses that maintain critical infrastructure,” Bloomberg News reports.
That intelligence, including but not limited to cyber timestamps, indicators and the critical sector potentially, can then be monitored to search for malicious code and viruses sent through America’s Internet with the intent of causing harm. In exchange, the critical infrastructure companies that could be targeted by cyberterrorists will pay the contractors and telecoms for their help.
The threat of a cyberwar crippling America’s power grid and communication systems has been ramped-up in recent weeks, particularly in light of a highly-touted report that linked Chinese state actors with repeated attempts to sabotage US businesses and conduct espionage to steal secrets.
“Increasingly, US businesses are speaking out about their serious concerns about sophisticated, targeted theft of confidential business information and proprietary technologies through cyber intrusions emanating from China on an unprecedented scale,” National Security Adviser Thomas Donilon told the Asia Society in New York last week. “The international community cannot afford to tolerate such activity from any country.”
Under CISPA, Who Can Get Your Data?
By Rainey Reitman | EFF | March 20, 2013
Under CISPA, companies can collect your information in order to “protect the rights and property” of the company, and then share that information with third parties, including the government, so long as it is for “cybersecurity purposes.” Companies aren’t required to strip out personally identifiable information from the data they give to the government, and the government can then use the information for purposes wholly unrelated to cybersecurity – such as “national security,” a term the bill leaves undefined.
One question we sometimes get is: Under CISPA, which government agencies can receive this data? For example, could the FBI, NSA, or Immigration and Customs Enforcement receive data if CISPA were to pass?
The answer is yes. Any government agency could receive data from companies if this were to pass, meaning identifiable data could be flowing to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the National Security Agency, or even the Food and Drug Administration.
Below is a list of agencies that could get your data under CISPA (Thanks, Wikipedia!). Note that this is just agencies we’ve identified; it’s possible there are even more we haven’t listed here.
Find this offensive and deeply concerning? Email Congress today to oppose CISPA.
Under CISPA, which government agencies can get your data?
Executive Office of the President
Agencies within the Executive Office of the President:
Council of Economic Advisers
Council on Environmental Quality
Domestic Policy Council
National Economic Council
National Security Council
Office of Administration
Office of Faith-Based and Neighborhood Partnerships
Office of Management and Budget
Office of National AIDS Policy
Office of National Drug Control Policy
Office of Intergovernmental Affairs and Public Engagement
Office of Science and Technology Policy
Office of the President
Office of the First Lady
Office of the First Children
Office of the Vice President
Office of the Second Lady
Office of the Second Children
President’s Economic Recovery Advisory Board
President’s Intelligence Oversight Board
President’s Intelligence Advisory Board
United States Trade Representative
White House Office
White House Military Office
United States Department of Agriculture
Agencies within the Department of Agriculture:
Agricultural Marketing Service
Agricultural Research Service
Animal and Plant Health Inspection Service
Center for Nutrition Policy and Promotion
Economic Research Service
Farm Service Agency
Commodity Credit Corporation
Food and Nutrition Service
Food Safety and Inspection Service
Foreign Agricultural Service
Forest Service
Grain Inspection, Packers and Stockyards Administration
Marketing and Regulatory Programs
National Agricultural Statistics Service
National Institute of Food and Agriculture
4-H
Natural Resources Conservation Service
Risk Management Agency
Federal Crop Insurance Corporation
Rural Business and Cooperative Programs
Office of Rural Development
Research, Education and Economics
Rural Housing Service
Rural Utilities Service
United States Department of Commerce
Agencies within the Department of Commerce:
Census Bureau
Bureau of Economic Analysis
Bureau of Industry and Security
Economic Development Administration
Economics and Statistics Administration
Export Enforcement
Import Administration
International Trade Administration
Office of Travel and Tourism Industries
Invest in America
Manufacturing and Services
Marine and Aviation Operations
Market Access and Compliance
Minority Business Development Agency
National Oceanic and Atmospheric Administration
NOAA Commissioned Corps
National Environmental Satellite, Data, and Information Service
National Marine Fisheries Service
National Oceanic Service
National Weather Service
National Telecommunications and Information Administration
Patent and Trademark Office
National Institute of Standards and Technology
National Technical Information Service
Trade Promotion and the U.S. And Foreign Commercial Service
United States Department of Defense
Agencies within the Department of Defense:
Department of the Army
United States Army
Army Intelligence and Security Command
Army Corps of Engineers
Department of the Navy
United States Navy
Office of Naval Intelligence
U.S. Naval Academy
Marine Corps
Marine Corps Intelligence Activity
Department of the Air Force
United States Air Force
Civil Air Patrol
Air Force Intelligence, Surveillance and Reconnaissance Agency
Joint Chiefs of Staff
J-2 Intelligence
National Guard Bureau
Natural Disaster and Disaster Help Program
J-2 Intelligence Directorate
Air National Guard
Army National Guard
America Citizen Militia
America Citizen Militia Intelligence
Defense Advanced Research Projects Agency
Defense Commissary Agency
Defense Contract Audit Agency
Defense Contract Management Agency
Defense Finance and Accounting Service
Defense Information Systems Agency
Defense Intelligence Agency
Defense Logistics Agency
Defense Security Cooperation Agency
Defense Security Service
Defense Technical Information Center
Defense Threat Reduction Agency
Missile Defense Agency
National Security Agency
Central Security Service
National Reconnaissance Office
National Geospatial-Intelligence Agency
Naval Criminal Investigative Service
Pentagon Force Protection Agency
United States Pentagon Police
American Forces Information Service
Defense Prisoner of War/Missing Personnel Office
Department of Defense Education Activity
Department of Defense Dependents Schools
Defense Human Resources Activity
Office of Economic Adjustment
TRICARE Management Activity
Washington Headquarters Services
West Point Military Academy
United States Department of Education
Agencies within the Department of Education:
Federal Student Aid
Institute of Education Sciences
National Center for Education Statistics
National Center for Education Evaluation and Regional Assistance
Education Resources Information Center
National Center for Education Research
National Center for Special Education Research
National Assessment Governing Board
National Assessment of Educational Progress
Office for Civil Rights
Office of Elementary and Secondary Education
Office of Safe and Healthy Students
Office of Postsecondary Education
Office of Special Education and Rehabilitative Services
National Institute on Disability and Rehabilitation Research
Office of Special Education Programs
Rehabilitation Services Administration
Special institutions
American Printing House for the Blind
National Technical Institute for the Deaf
Gallaudet University
Office of Vocational and Adult Education
United States Department of Energy
List of agencies within the Department of Energy:
Energy Information Administration
Federal Energy Regulatory Commission
National Laboratories & Technology Centers
University Corporation for Atmospheric Research
National Nuclear Security Administration
Power Marketing Administrations:
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
United States Department of Health and Human Services
Agencies within the Department of Health and Human Services:
Administration on Aging
Administration for Children and Families
Administration for Children, Youth and Families
Agency for Healthcare Research and Quality
Centers for Disease Control and Prevention
National Institute for Occupational Safety and Health
Epidemic Intelligence Service
National Center for Health Statistics
Centers for Medicare and Medicaid Services
Food and Drug Administration
Reagan-Udall Foundation
Health Resources and Services Administration
Patient Affordable Healthcare Care Act Program {to be implemented fully in 2014}
Independent Payment Advisory Board
Indian Health Service
National Institutes of Health
National Health Intelligence Service
Public Health Service
Federal Occupational Health
Office of the Surgeon General
United States Public Health Service Commissioned Corps
Substance Abuse and Mental Health Services Administration
United States Department of Homeland Security
Agencies
Federal Emergency Management Agency
FEMA Corps
U.S. Fire Administration
National Flood Insurance Program
Federal Law Enforcement Training Center
Transportation Security Administration
United States Citizenship and Immigration Services
United States Coast Guard (Transfers to Department of Defense during declared war or national emergency)
Coast Guard Intelligence
National Ice Center
United States Ice Patrol
United States Customs and Border Protection
Office of Air and Marine
Office of Border Patrol
U.S. Border Patrol
Border Patrol Intelligence
Office of Field Operations
United States Immigration and Customs Enforcement
United States Secret Service
Secret Service Intelligence Service
Offices
Domestic Nuclear Detection Office
Office of Health Affairs
Office of Component Services
Office of International Affairs and Global Health Security
Office of Medical Readiness
Office of Weapons of Mass Destruction and Biodefense
Office of Intelligence and Analysis
Office of Operations Coordination
Office of Policy
Homeland Security Advisory Council
Office of International Affairs
Office of Immigration Statistics
Office of Policy Development
Office for State and Local Law Enforcement
Office of Strategic Plans
Private Sector Office
Management
Directorate for Management
National Protection and Programs
National Protection and Programs Directorate
Federal Protective Service
Office of Cybersecurity and Communications
National Communications System
National Cyber Security Division
United States Computer Emergency Readiness Team
Office of Emergency Communications
Office of Infrastructure Protection
Office of Risk Management and Analysis
United States Visitor and Immigrant Status Indicator Technology (US-VISIT)
Science and Technology
Science and Technology Directorate
Environmental Measurements Laboratory
Portfolios
Innovation/Homeland Security Advanced Research Projects Agency
Office of Research
Office of National Laboratories
Office of University Programs
Program Executive Office, Counter Improvised Explosive Device
Office of Transition
Commercialization Office
Long Range Broad Agency Announcement Office
Product Transition Office
Safety Act Office
Technology Transfer Office
Divisions
Border and Maritime Security Division
Chemical and Biological Division
Command, Control and Interoperability Division
Explosives Division
Human Factors Division
Infrastructure/Geophysical Division
Offices and Institutes
Business Operations Division
Executive Secretariat Office
Human Capital Office
Key Security Office
Office of the Chief Administrative Officer
Office of the Chief Information Officer
Planning and Management
Corporate Communications Division
Interagency and First Responders Programs Division
International Cooperative Programs Office
Operations Analysis Division
Homeland Security Studies and Analysis Institute
Homeland Security Systems Engineering and Development Institute
Strategy, Policy and Budget Division
Special Programs Division
Test & Evaluation and Standards Division
United States Department of Housing and Urban Development
Agencies
Federal Housing Administration
Federal Housing Finance Agency
Offices
Center for Faith-Based and Neighborhood Partnerships (HUD)
Departmental Enforcement Center
Office of Community Planning and Development
Office of Congressional and Intergovernmental Relations
Office of Equal Employment Opportunity
Office of Fair Housing and Equal Opportunity
Office of Field Policy and Management
Office of the General Counsel
Office of Healthy Homes and Lead Hazard Control
Office of Hearings and Appeals
Office of Labor Relations
Office of Policy Development and Research
Office of Public Affairs
Office of Public and Indian Housing
Office of Small and Disadvantaged Business Utilization
Office of Sustainable Housing and Communities
Corporation
Government National Mortgage Association (Ginnie Mae)
United States Department of the Interior
Agencies:
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Reclamation
Fish and Wildlife Service
Bureau of Ocean Energy Management (formerly Minerals Management Service)
Bureau of Safety and Environmental Enforcement (formerly Minerals Management Service)
National Park Service
Office of Insular Affairs
Office of Surface Mining
National Mine Map Repository
United States Geological Survey
United States Department of Justice
Agencies:
Antitrust Division
Asset Forfeiture Program
Bureau of Alcohol, Tobacco, Firearms and Explosives
Civil Division
Civil Rights Division
Community Oriented Policing Services
Community Relations Service
Criminal Division
Diversion Control Program
Drug Enforcement Administration
Environment and Natural Resources Division
Executive Office for Immigration Review
Executive Office for Organized Crime Drug Enforcement Task Forces
Executive Office for United States Attorneys
Executive Office for United States Trustees
Federal Bureau of Investigation
Federal Bureau of Prisons
UNICOR
Foreign Claims Settlement Commission
INTERPOL – United States National Central Bureau
Justice Management Division
National Crime Information Center
National Drug Intelligence Center
National Institute of Corrections
National Security Division
Office of the Associate Attorney General
Office of the Attorney General
Office of Attorney Recruitment and Management
Office of the Chief Information Officer
Office of the Deputy Attorney General
Office of Dispute Resolution
Office of the Federal Detention Trustee
Office of Information Policy
Office of Intergovernmental and Public Liaison
Office of Intelligence and Analysis
Office of Justice Programs
Bureau of Justice Assistance
Bureau of Justice Statistics
Community Capacity Development Office
National Criminal Justice Reference Service
National Institute of Justice
Office of Juvenile Justice and Delinquency Prevention
Office for Victims of Crime
Office of Legal Counsel
Office of Legal Policy
Office of Legislative Affairs
Office of the Pardon Attorney
Office of Privacy and Civil Liberties
Office of Professional Responsibility
Office of Public Affairs
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking
Office of the Solicitor General
Office of Special Counsel
Office of Tribal Justice
Office on Violence Against Women
Professional Responsibility Advisory Office
Tax Division
United States Attorneys
United States Marshals
United States Parole Commission
United States Trustee Program
United States Department of Labor
Agencies and Bureaus
Bureau of International Labor Affairs
Bureau of Labor Statistics
Center for Faith-Based and Neighborhood Partnerships (DOL)
Employee Benefits Security Administration
Employment and Training Administration
Job Corps
Mine Safety and Health Administration
Occupational Safety and Health Administration
Pension Benefit Guaranty Corporation
Veterans’ Employment and Training Service
Wage and Hour Division
Women’s Bureau
Boards
Administrative Review Board
Benefits Review Board
Employees’ Compensation Appeals Board
Offices
Office of Administrative Law Judges
Office of the Assistant Secretary for Administration and Management
Office of the Assistant Secretary for Policy
Office of the Chief Financial Officer
Office of the Chief Information Officer
Office of Congressional and Intergovernmental Affairs
Office of Disability Employment Policy
Office of Federal Contract Compliance Programs
Office of Labor-Management Standards
Office of the Solicitor
Office of Worker’s Compensation Program
Ombudsman for the Energy Employees Occupational Illness Compensation Program
United States Department of State
Agencies and Bureaus
National Council for the Traditional Arts
Reporting to the Secretary
Bureau of Intelligence and Research
Bureau of Legislative Affairs
Office of the Legal Adviser
Reporting to the Deputy Secretary for Management and Resources
Executive Secretariat
Office of the Chief of Protocol
Office for Civil Rights
Office of the Coordinator for Counterterrorism
Office of the United States Global AIDS Coordinator
Office of Global Criminal Justice
Policy Planning Staff
Reporting to the Under Secretary for Arms Control and International Security
Bureau of International Security and Nonproliferation
Bureau of Political-Military Affairs
Bureau of Arms Control, Verification and Compliance
Reporting to the Under Secretary for Democracy and Global Affairs
Bureau of Democracy, Human Rights, and Labor
Bureau of Oceans and International Environmental and Scientific Affairs
Bureau of Population, Refugees, and Migration
Office to Monitor and Combat Trafficking in Persons
Reporting to the Under Secretary for Economic, Energy and Agricultural Affairs
Bureau of Economic, Energy and Business Affairs
Reporting to the Under Secretary for Management
Bureau of Administration
Bureau of Consular Affairs
Office of Overseas Citizens Services
Bureau of Diplomatic Security (DS)
Diplomatic Security Service (DSS)
Office of Foreign Missions (OFM)
Overseas Security Advisory Council (OSAC)
Bureau of Human Resources
Family Liaison Office
Bureau of Information Resource Management
Bureau of Overseas Buildings Operations
Bureau of Resource Management
Foreign Service Institute
Office of Management Policy, Rightsizing and Innovation
Reporting to the Under Secretary for Political Affairs
Bureau of African Affairs
Bureau of East Asian and Pacific Affairs
Bureau of European and Eurasian Affairs
Bureau for International Narcotics and Law Enforcement Affairs
Bureau of International Organization Affairs
Bureau of Near Eastern Affairs
Bureau of South and Central Asian Affairs
Bureau of Western Hemisphere Affairs
Reporting to the Under Secretary for Public Diplomacy and Public Affairs
Bureau of Educational and Cultural Affairs
Bureau of International Information Programs
Bureau of Public Affairs
Office of the Historian
Office of Policy, Planning and Resources for Public Diplomacy and Public Affairs
Permanent Diplomatic Missions
United States Mission to the African Union
United States Mission to ASEAN
United States mission to the Arab League
United States mission to the Council of Europe (and to all other European Agencies)
United States Mission to International Organizations in Vienna
United States Mission to the European Union
United States Mission to the International Civil Aviation Organization
United States Mission to the North Atlantic Treaty Organization
United States Mission to the Organisation for Economic Co-operation and Development
United States Mission to the Organization of American States
United States Mission to the Organization for Security and Cooperation in Europe
United States Mission to the United Nations
United States Mission to the UN Agencies in Rome
United States Mission to the United Nations Office and Other International Organizations in Geneva
United States Observer Mission to the United Nations Educational, Scientific, and Cultural Organization
United States Permanent Mission to the United Nations Environment Program and the United Nations Human Settlements Programme
United States Department of Transportation
Agencies
Bureau of Transportation Statistics
Federal Aviation Administration
Air Traffic Organization
Federal Highway Administration
Federal Motor Carrier Safety Administration
Federal Railroad Administration
Federal Transit Administration
Maritime Administration
National Highway Traffic Safety Administration
Office of Intelligence, Security and Emergency Response
Pipeline and Hazardous Materials Safety Administration
Research and Innovative Technology Administration
Saint Lawrence Seaway Development Corporation
Surface Transportation Board
United States Department of the Treasury
Agencies and Bureaus
Alcohol and Tobacco Tax and Trade Bureau
Bureau of Engraving and Printing
Bureau of the Public Debt
Community Development Financial Institutions Fund
Federal Consulting Group
Financial Crimes Enforcement Network
Financial Management Service
Internal Revenue Service
Office of the Comptroller of the Currency
Office of Thrift Supervision
Office of Financial Stability
United States Mint
Offices
Office of Domestic Finance
Office of Economic Policy
Office of International Affairs
Office of Tax Policy
Office of Terrorism and Financial Intelligence
Treasurer of the United States
United States Department of Veterans Affairs
Agencies
National Cemetery Administration
Veterans Benefits Administration
Veterans Health Administration
Independent Agencies and Government Corporations
Administrative Conference of the United States
Advisory Council on Historic Preservation
African Development Foundation
Amtrak (National Railroad Passenger Corporation)
Armed Forces Retirement Home
Central Intelligence Agency
Commission on Civil Rights
Commodity Futures Trading Commission
Consumer Product Safety Commission
Corporation for National and Community Service
Corporation for Public Broadcasting
Court Services and Offender Supervision Agency
Defense Nuclear Facilities Safety Board
Election Assistance Commission
Environmental Protection Agency
Equal Employment Opportunity Commission
Export-Import Bank of the United States
Farm Credit Administration
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Election Commission
Federal Housing Finance Board
Federal Labor Relations Authority
Federal Maritime Commission
Federal Mediation and Conciliation Service
Federal Mine Safety and Health Review Commission
Federal Reserve System
United States Consumer Financial Protection Bureau
Federal Retirement Thrift Investment Board
Federal Trade Commission
General Services Administration
Helen Keller National Center
Institute of Museum and Library Services
Inter-American Foundation
International Broadcasting Bureau
Merit Systems Protection Board
Military Postal Service Agency
National Aeronautics and Space Administration
National Archives and Records Administration
Office of the Federal Register
National Capital Planning Commission
National Constitution Center
National Council on Disability
National Credit Union Administration
Central Liquidity Facility
National Endowment for the Arts
National Endowment for the Humanities
National Labor Relations Board
National Mediation Board
National Science Foundation
United States Antarctic Program
National Transportation Safety Board
Nuclear Regulatory Commission
Office of the Federal Coordinator, Alaska Natural Gas Transportation Projects
Occupational Safety and Health Review Commission
Office of Compliance
Office of Government Ethics
Office of Personnel Management
Federal Executive Institute
Combined Federal Campaign
Office of Special Counsel
Office of the National Counterintelligence Executive
Office of the Director of National Intelligence
Intelligence Advanced Research Projects Activity
Overseas Private Investment Corporation
Panama Canal Commission
Peace Corps
Postal Regulatory Commission
Railroad Retirement Board
Securities and Exchange Commission
Securities Investor Protection Corporation
Selective Service System
Small Business Administration
Social Security Administration
Tennessee Valley Authority
U.S. Trade and Development Agency
United States Agency for International Development
United States International Trade Commission
United States Postal Service
Inspectors General
Related articles
Supreme Court Dismisses Challenge to FISA Amendments Act; EFF’s Lawsuit Over NSA Warrantless Wiretapping Remains
By Cindy Cohn and Trevor Timm | EFF | February 27, 2013
Yesterday, the Supreme Court sadly dismissed the ACLU’s case, Clapper v. Amnesty International, which challenged the FISA Amendments Act (FAA)—the unconstitutional law that allows the government to wiretap Americans communcating with people overseas. Under the FAA, the government can conduct this surveillance without naming individuals and without a traditional probable cause warrant, as the Fourth Amendment requires.
The court didn’t address the constitutionality of the FAA itself, but instead ruled that the plaintiffs—a group of lawyers, journalists, and human rights advocates who regularly communicate with likely “targets” of FAA wiretapping—couldn’t prove the surveillance was “certainly impending,” so therefore didn’t have the “standing” necessary to sue. In other words, since the Americans did not have definitive proof that they were being surveilled under the FAA—a fact the government nearly always keeps secret—they cannot challenge the constitutionality of the statute.
EFF’s Warrantless Wiretapping Case, Jewel v. NSA, Is Not Affected by Clapper
It’s shameful that the courts again have cut off another avenue for accountability regarding the NSA’s warrantless and unconstitutional surveillance activities. But as disappointing as the Clapper decision is, the good news is the decision likely won’t adversely affect our Jewel v. NSA lawsuit, which we argued in district court in December of 2012. Indeed, the Clapper decision makes the Jewel case one of the last remaining hopes for a court ruling on the legality of the warrantless surveillance of Americans, now conducted for over a decade.
The Ninth Circuit has already ruled that the Jewel plaintiffs have standing under settled law. The court’s decision is based on solid ground because we have presented the court with evidence that dragnet warrantless surveillance has already occurred, through testimony and documents from AT&T and NSA whistleblowers. In fact, the court specifically differentiated the two cases in its Jewel opinion: “Jewel has much stronger allegations of concrete and particularized injury than did the plaintiffs in Amnesty International. Whereas they anticipated or projected future government conduct, Jewel’s complaint alleges past incidents of actual government interception of her electronic communications.”
Clapper v. Amnesty’s Catch-22
Nonetheless, the Supreme Court’s requirement in Clapper that a future harm must be “certainly impending” to allow a case to go forward is very troubling, especially in the context of cases involving secret surveillance.
As Justice Stephen Breyer’s dissent points out, future conduct can never be predict anything with 100% certainty, and if certainty was a requirement for standing, then virtually no cases would ever reach conclusion. Justice Breyer runs through dozens of cases where standing has been found for plaintiffs in situations where plaintiffs had a reasonable fear of harm, and in many of those cases, the plaintiffs were much less certain than the lawyers, human rights workers and journalist in Clapper.
Breyer summed absurdity of the “certainly impending” standard by saying, “One can, of course, always imagine some special circumstance that negates a virtual likelihood, no matter how strong. But the same is true about most, if not all, ordinary inferences about future events. Perhaps, despite pouring rain, the streets will remain dry (due to the presence of a special chemical).”
This standard is especially problematic when the harm is illegal surveillance conducted via secret government programs. Unlike physical searches of the home, communications surveillance is by its nature hidden from the people affected, and national security surveillance is rarely made public or used in domestic criminal prosecutions. Thus, under the Supreme Court’s rule, regardless of whether its surveillance was legal or constitutional, the government can deny standing to a victim of illegal surveillance just by never revealing its illegal actions to the person affected. Essentially, one can’t challenge the government’s surveillance unless the government agrees.
Indeed, in arguing that its ruling does not mean that government surveillance under the FAA can never be reviewed by the courts, the Court could only point to situations in which the government intentionally revealed its surveillance.1
Allowing the Executive broad unfettered powers to “turn the Constitution on and off at will,” is exactly what the Supreme Court refused to do in Boumediene v. Bush, but what it appears to have allowed here.
It’s not even clear that the majority even understands the real scope of the FAA. In the opinion’s first sentence, Justice Alito refers to “individuals” that can be warrantlessly surveilled, but as we’ve explained many times, and the dissent notes, one of the most odious parts of the law is that it allows the government to get one court order for groups or categories of people—potentially thousands of people can be affected at a time.
The Shrinking Ranks of Warrantless Wiretapping Cases
This is the second ruling in the past year in which the government has convinced the court to dismiss challenges to the NSA warrantless wiretapping program on technical grounds, when there is ample evidence of wrongdoing. In 2012, the Ninth Circuit reluctantly dismissed the Al-Haramain case on “sovereign immunity” grounds despite a lower court ruling the government had violated the Fourth Amendment. The court reasoned that because of a glitch in the language of FISA statute, the plaintiffs had to sue individuals in the government in their personal capacities and couldn’t sue government agencies themselves or government officials in their official capacities.
We look forward to the district court in Jewel v. NSA determining that our case can move forward, and that the government can, once and for all, be held to account for the NSA’s unlawful and unconstitutional warrantless wiretapping program.
- 1. The court also noted that a provision of the FAA allows a service provider, presumably in a fit of patriotic fervor and a willingness to pay expensive attorneys for its customers, challenges the government on its own, in secret. Yet even under this provision, the victim of the surveillance is unable to seek judicial review.
Related article
‘US a police state, Obama consciously allows torture’ – CIA veteran John Kiriakou
RT | February 1, 2013
Ten years ago, the idea of the US government spying on its citizens, intercepting their emails or killing them with drones was unthinkable. But now it’s business as usual, says John Kiriakou, a former CIA agent and torture whistleblower.
Kiriakou is now awaiting a summons to start a prison sentence. One of the first to confirm the existence of Washington’s waterboarding program, he was sentenced last week to two-and-a-half years in jail for revealing the name of an undercover agent. But even if he had another chance, he would have done the same thing again, Kiriakou told RT.
RT: The judge, and your critics all seem to believe you got off lightly. Would you say you got off lightly?
JK: No, I would not say I got off lightly for a couple of very specific reasons. First of all, my case was not about leaking, my case was about torture. When I blew the whistle on torture in December 2007 the justice department here in the US began investigating me and never stopped investigating me until they were able to patch together a charge and force me into taking a plea agreement. And I’ll add another thing too, when I took the plea in October of last year, the judge said that she thought the plea was fair and appropriate. But once the courtroom was packed full of reporters last Friday she decided that it was not long enough and if she had had the ability to she would have given me ten years.
RT: And why did you, a decorated CIA officer, take such a strong stance against an agency policy? Did you not consider that there might be some come-back?
JK: I did. I took a strong stance and a very public one and that’s what got me into trouble. But honestly the only thing I would do differently is I would have hired an attorney before blowing the whistle. Otherwise I believe firmly even to this day I did the right thing.
RT: You have called it ironic that the first person to be convicted with regards to the torture program is the man who shed light on it. Do you believe the others, who put the program together, will ever face justice?
JK: I don’t actually. I think that president Obama just like president Bush has made a conscious decision to allow the torturers, to allow the people who conceived of the tortures and implemented the policy, to allow the people who destroyed the evidence of the torture and the attorneys who used specious legal analysis to approve of the torture to walk free. And I think that once this decision has been made – that’s the end of it and nobody will be prosecuted, except me.
RT: When you initially came out against torture, you said it was impractical and inefficient. Did you consider it immoral initially?
JK: I said in 2002 that it was immoral. When I returned from Pakistan to CIA headquarters early in the summer 2002, I was asked by a senior officer in the CIA’s counter-terrorist center if I wanted to be trained in the use of torture techniques, and I told him that I had a moral problem with these techniques. I believed that they were wrong and I didn’t want to have anything to do with the torture program.
RT: It’s no secret that Obama’s administration has been especially harsh on whistleblowers. But can the US afford leniency, in these security-sensitive times?
JK: I think this is exactly what the problem is. In this post 9/11 atmosphere that we find ourselves in we have been losing our civil liberties incrementally over the last decade to the point where we don’t even realize how much of a police state the United States has become.
Ten years ago the thought of the National Security Agency spying on American citizens and intercepting their emails would have been anathema to Americans and now it’s just a part of normal business.
The idea that our government would be using drone aircraft to assassinate American citizens who have never seen the inside of a courtroom, who have never been charged with a crime and have not had due process which is their constitutional right would have been unthinkable. And it is something now that happens every year, every so often, every few weeks, every few months and there is no public outrage. I think this is a very dangerous development.
RT: Obama’s tough stance, and harsh punishments for whistleblowers, has sent a message. Is he winning his fight against those who speak out?
JK: I don’t think he is winning this fight against whistleblowers, at least not over the long term, and I’ll tell you why.
President Obama has now charged seven people with violations of the Espionage Act. All previous presidents in American history combined only charged three people with violating the Espionage Act. And the Espionage Act is a WWI-era act that was meant to deter German saboteurs during that First World War. And now it is being used to silence critics of the government.
But so far all seven of these cases that have made their way into a courtroom have either collapsed of have been dismissed, including mine. All of the three espionage charges against me were dropped.
So, I think frankly the Obama administration is cheapening the Espionage Act. The Espionage Act should be used to prosecute spies and traitors, not to prosecute whistleblowers or people who are exercising their first amendment right to free speech.
RT: Do we still need whistleblowers? Are we going to see more of them coming out?
JK: I think we will see more whistleblowers and I think we need whistleblowers now more than ever before. Whether it’s in national security or whether it is in the banking industry, the American people have a right to know when there is evidence of waste, fraud, abuse, or illegality. If the Justice Department is not going to prosecute these cases, at the very least the American people need to know.
Homeland Security’s Napolitano invokes 9/11 to push for CISPA 2.0
RT | January 25, 2013
In an attempt to scare the public with a looming cyber attack on US infrastructure, US Homeland Security Secretary Janet Napolitano is once again pushing Congress to pass legislation allowing the government to have greater control over the Internet.
Napolitano issued the warnings Thursday, claiming that inaction could result in a “cyber 9/11” attack that could knock out water, electricity and gas, causing destruction similar to that left behind by Hurricane Sandy.
Napolitano said that in order to prevent such an attack, Congress must pass legislation that gives the US government greater access to the Internet and cybersecurity information from the private sector. Such a bill, known as CISPA or Cyber Intelligence Sharing and Protection Act, was already introduced last year, but failed to pass in Congress due to concerns expressed by businesses and privacy advocates.
“We shouldn’t wait until there is a 9/11 in the cyber world. There are things we can and should be doing right now that, if not prevent, would mitigate the extent of the damage,” Napolitano said in a speech at the Wilson Center, a Washington, DC think tank.
Defense Secretary Leon Panetta has also been a strong advocate for increased governmental grip on the web and in October warned that the US is facing a possible “cyber-Pearl Harbor” by foreign hackers.
“A cyber attack perpetuated by nation states or violent extremist groups could be as destructive as the terrorist attack of 9/11,” he said during a speech. “Such a destructive cyber terrorist attack could paralyze the nation.”
Last September, Napolitano reiterated disappointment with Congress for failing to pass the cybersecurity legislation in August.
“Attacks are coming all the time,” she said in a speech at the Social Good Summit. “They are coming from different sources, they take different forms. But they are increasing in seriousness and sophistication.”
Despite Homeland Security’s constant warnings that hackers could shut down critical US infrastructure, the Cybersecurity Act of 2012 was shot down by the Senate in August, even though the Obama administration had pushed for the bill in numerous hearings and briefings.
Privacy advocates had expressed concern that the US government would be able to read Americans’ personal e-mails, online chat conversations, and other personal information that only private companies and servers might have access to. The head of the National Security Agency promised it wouldn’t abuse its power, but critics have remained skeptical.
A coalition of Democrats this year pledged to make this legislation a priority.
“Given all that relies on a safe and secure Internet, it is vital that we do what’s necessary to protect ourselves from hackers, cyber thieves, and terrorists,” said Sen. Tom Carper (D-Del.), the new chairman of the Homeland Security Committee.
The White House is also working on an executive order that would encourage companies to meet government cybersecurity standards.
Why The NSA Can’t Be Trusted to Run U.S. Cybersecurity Programs
By Mark M. Jaycox and Lee Tien and Trevor Timm | EFF | July 30, 2012
This week, the Senate will be voting on a slew of amendments to the newest version of the Senate’s cybersecurity bill. Senators John McCain and Kay Bailey Hutchison have proposed several amendments that would hand the reins of our nation’s cybersecurity systems to the National Security Agency (NSA). All of the cybersecurity bills that have been proposed would provide avenues for companies to collect sensitive information on users and pass that data to the government. Trying to strike the balance between individual privacy and facilitating communication about threats is a challenge, but one thing is certain: the NSA has proven it can’t be trusted with that responsibility. The NSA’s dark history of repeated privacy violations, flouting of domestic law, and resistance to transparency makes it clear that the nation’s cybersecurity should not be in its hands.
In case you need a refresher, here’s an overview of why handing cybersecurity to the NSA would be a terrible idea:
- An executive order generally prohibits NSA from conducting intelligence on Americans’ domestic activities
Executive Order 12333 signed by President Reagan in 1981 (and amended a few times since1), largely prohibits the NSA from spying on domestic activities:no foreign intelligence collection by such elements [of the Intelligence Community] may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons.
If amended, the Cybersecurity Act would allow the NSA to gain information related to “cybersecurity threat indicators,” which would allow it to collect vast quantities of data that could include personally identifiable information of U.S. persons on American soil. Law enforcement and civilian agencies are tasked with investigating and overseeing domestic safety. The NSA, on the other hand, is an unaccountable military intelligence agency that is supposed to focus on foreign signals intelligence—and it’s frankly dangerous to expand the NSA’s access to information about domestic communications.
- NSA has a dark history of violating Americans’ constitutional rightsIn the 1960’s, a Congressional investigation, led by four-term Senator Frank Church, found that the NSA had engaged in widespread and warrantless spying on Americans citizens. Church was so stunned at what he found, he remarked that the National Security Agency’s “capability at any time could be turned around on the American people, andno American would have any privacy left, such is the capability to monitor everything.” (emphasis added) The investigation led to the passage of the Foreign Intelligence Surveillance Act, which provided stronger privacy protections for Americans’ communications—that is, until it was weakened by the USA-PATRIOT Act and other reactions to 9/11.
- NSA has continued its warrantless wiretapping scandalIn 2005, the New York Times revealed that the NSA set up a massive warrantless wiretapping program shortly after 9/11, in violation of the Fourth Amendment and several federal laws. This was later confirmed by virtually every major media organization in the country. It led to Congressional investigations and several ongoing lawsuits, including EFF’s. Congress passed the FISA Amendments Act to granttelecom companies retroactive immunity for participating in illegal spying and severely weaken privacy safeguards for Americans communicating overseas.Since the FISA Amendments Act (FAA) passed, the NSA has continued collecting emails of Americans. A 2009 New York Times investigation described how a “significant and systemic” practice of “overcollection” of communications resulted in the NSA’s intercepting millions of purely domestic emails and phone calls between Americans. In addition, documents obtained via a Freedom of Information Act request by the ACLU, although heavily redacted, revealed “that violations [of the FAA and the Constitution] continued to occur on a regular basis through at least March 2010″— the last month anyone has public data for.
- NSA recently admitted to violating the Constitution.Just last week, the Office of the Director of National Intelligence—which oversees the NSA—begrudgingly acknowledged that “on at least one occasion” the secret FISA court “held that some collection… used by the government was unreasonable under the Fourth Amendment.” Wired called it a “federal sidestep of a major section of the Foreign Intelligence Surveillance Act,” and it confirmed the many reports over the last few years: the NSA has violated the Constitution.
- NSA keeps much of what it does classified and secretBecause cybersecurity policy is inescapably tied to our online civil liberties, it’s essential to maximize government transparency and accountability here. The NSA may be the worst government entity on this score. Much of the NSA’s work is exempt from Freedom of Information Act (FOIA) disclosure because Congress generally shielded NSA activities from FOIA2. Even aside from specific exemption statutes, much information about NSA activities is classified on national security grounds. The NSA has also stonewalled organizations trying to bring public-interest issues to light by claiming the “state secrets” privilege in court. EFF has been involved in lawsuits challenging the NSA’s warrantless surveillance program since 2006. Despite years of litigation, the government continues to maintain that the “state secrets” privilege prevents any challenge from being heard. Transparency and accountability simply are not the NSA’s strong suit.
We remain unconvinced that we need any of the proposed cybersecurity bills, but we’re particularly worried about attempts to deputize the NSA as the head of our cybersecurity systems. And even the NSA has admitted that it does “not want to run cyber security for the United States government.”
Thankfully, new privacy changes in the cybersecurity bill heading towards the Senate floor have explicitly barred intelligence agencies like the NSA from serving as the center of information gathering for cybersecurity. We need to safeguard those protections and fend off amendments that give additional authority to the NSA. We’re asking concerned individuals to use our Stop Cyber Spying tool to tweet at their Senators or use the American Library Association’s simple tool to call Senators. We need to speak out in force this week to ensure that America’s cybersecurity systems aren’t handed to the NSA.
- 1. Executive Order 12333 was amended in 2003 by Executive Order 13284, in 2004 by Executive Order 13355, and in 2008 by Executive Order 13470. The resulting text of Executive Order 12333 is available here (pdf).
- 2. Three of the most common statutes that NSA uses to fight transparency: Section 6 of the National Security Agency Act of 1959 (Public Law 86-36, 50 U.S.C. Sec. 402 note), which provides that no law shall be construed to require the disclosure of, inter alia, the functions or activities of NSA; The Intelligence Reform and Terrorism Prevention Act of 2004, 50 U.S.C. Sec. 403- 1(i), which requires under the Responsibilities and Authorities of the Director of National Intelligence that we protect information pertaining to intelligence sources and methods; and 18 U.S.C. Sec. 798, which prohibits the release of classified information concerning communications intelligence and communications security information to unauthorized persons.
Related articles
- Congress Must Act After US Government Admits To Unconstitutional Warrantless Wiretapping For the First Time (eff.org)
- Why won’t the Obama administration reveal how many Americans’ emails the NSA has collected and reviewed without a warrant? (eff.org)
- NSA whistle blowers allege data being collected on every American (rawstory.com)
- Why won’t the Obama administration reveal how many Americans’ emails the NSA has collected and reviewed without a warrant? (informationliberation.com)
Three NSA Whistleblowers Back EFF’s Lawsuit Over Government’s Massive Spying Program
EFF Asks Court to Reject Stale State Secret Arguments So Case Can Proceed
EFF | July 2, 2012
San Francisco – Three whistleblowers – all former employees of the National Security Agency (NSA) – have come forward to give evidence in the Electronic Frontier Foundation’s (EFF’s) lawsuit against the government’s illegal mass surveillance program, Jewel v. NSA.
In a motion filed today, the three former intelligence analysts confirm that the NSA has, or is in the process of obtaining, the capability to seize and store most electronic communications passing through its U.S. intercept centers, such as the “secret room” at the AT&T facility in San Francisco first disclosed by retired AT&T technician Mark Klein in early 2006.
“For years, government lawyers have been arguing that our case is too secret for the courts to consider, despite the mounting confirmation of widespread mass illegal surveillance of ordinary people,” said EFF Legal Director Cindy Cohn. “Now we have three former NSA officials confirming the basic facts. Neither the Constitution nor federal law allow the government to collect massive amounts of communications and data of innocent Americans and fish around in it in case it might find something interesting. This kind of power is too easily abused. We’re extremely pleased that more whistleblowers have come forward to help end this massive spying program.”
The three former NSA employees with declarations in EFF’s brief are William E. Binney, Thomas A. Drake, and J. Kirk Wiebe. All were targets of a federal investigation into leaks to the New York Times that sparked the initial news coverage about the warrantless wiretapping program. Binney and Wiebe were formally cleared of charges and Drake had those charges against him dropped.
Jewel v. NSA is back in district court after the 9th U.S. Circuit Court of Appeals reinstated it in late 2011. In the motion for partial summary judgment filed today, EFF asked the court to reject the stale state secrets arguments that the government has been using in its attempts to sidetrack this important litigation and instead apply the processes in the Foreign Intelligence Surveillance Act that require the court to determine whether electronic surveillance was conducted legally.
“The NSA warrantless surveillance programs have been the subject of widespread reporting and debate for more than six years now. They are just not a secret,” said EFF Senior Staff Attorney Lee Tien. “Yet the government keeps making the same ‘state secrets’ claims again and again. It’s time for Americans to have their day in court and for a judge to rule on the legality of this massive surveillance.”
For the full motion for partial summary judgment:
https://www.eff.org/document/plaintiffs-motion-partial-summary-judgment
For more on this case:
https://www.eff.org/cases/jewel
Contacts:
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
New Senate Cyber Bill No Better Than Last Version
By Michelle Richardson, Legislative Counsel, ACLU | July 2, 2012
Yesterday, Republican Senators introduced a rewrite of their cybersecurity bill, known as SECURE IT. Advocates registered their opposition to the bill last month and its CISPA-like expansion of military authority to collect sensitive information on Americans’ internet use.
Despite claims the contrary, the new bill has not been substantially amended and still does not meaningfully limit the amount or type of information that the government can collect from companies that hold very private and personal data. Most importantly,
• SECURE IT still allows companies to give sensitive American information directly to the National Security Agency and other military agencies. The ACLU has long argued, and even the Obama administration agrees: domestic cybersecurity programs must be run by civilian agencies.
• The bill lacks any requirement that companies first remove personally identifiable information unrelated to cybersecurity from what they share with each other or the government. That’s right – companies that have access to what we buy, what we read, and where we go don’t even have to attempt to suppress identifying information.
• SECURE IT-collected information can be used by the government not only for cybersecurity purposes, but for undefined national security purposes and to prosecute a long list of crimes unrelated to cybersecurity.
Senate Majority Leader Harry Reid has promised cybersecurity will be brought to the floor in July. So it looks like we’ll see a vote in the next few weeks. Now’s the time to contact your Senators and tell them to vote against any legislation that lets the government start cyber spying!
Related articles
- Senate ready to move on cybersecurity legislation (blacklistednews.com)
- The Disturbing Privacy Dangers in CISPA (alethonews.wordpress.com)
The Disturbing Privacy Dangers in CISPA
By Trevor Timm | EFF | April 15, 2012
This week, EFF – along with a host of other civil liberties groups – are protesting the dangerous new cybersecurity bill known as CISPA that will be voted on in the House on April 23. Here is everything you need to know about the bill and why we are protesting:
What is “CISPA”?
CISPA stands for The Cyber Intelligence Sharing and Protection Act, a cybersecurity bill written by Rep. Mike Rogers (R-MI) and Dutch Ruppersberger (D-MD) (H.R. 3523). The bill purports to allow companies and the federal government to share information to prevent or defend from cyberattacks. However, the bill expressly authorizes monitoring of our private communications, and is written so broadly that it allows companies to hand over large swaths of personal information to the government with no judicial oversight—effectively creating a “cybersecurity” loophole in all existing privacy laws. Because the bill is so hotly debated now, unofficial proposed amendments are also being circulated [link] and the actual bill language is in flux.
Under CISPA, can a private company read my emails?
Yes. Under CISPA, any company can “use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property” of the company. This phrase is being interpreted to mean monitoring your communications—including the contents of email or private messages on Facebook.
Right now, well-established laws, like the Wiretap Act and the Electronic Communications Privacy Act, prevent companies from routinely monitoring your private communications. Communications service providers may only engage in reasonable monitoring that balances the providers’ needs to protect their rights and property with their subscribers’ right to privacy in their communications. And these laws expressly allow lawsuits against companies that go too far. CISPA destroys these protections by declaring that any provision in CISPA is effective “notwithstanding any other law” and by creating a broad immunity for companies against both civil and criminal liability. This means companies can bypass all existing laws, as long as they claim a vague “cybersecurity” purpose.
What would allow a company to read my emails?
CISPA has such an expansive definition of “cybersecurity threat information” that many ordinary activities could qualify. CISPA is not specific, but similar definitions in two Senate bills provide clues as to what these activities could be. Basic privacy practices that EFF recommends—like using an anonymizing service like Tor or even encrypting your emails—could be considered an indicator of a “threat” under the Senate bills. As we have stated previously, the bills’ definitions “implicate far more than what security experts would reasonably consider to be cybersecurity threat indicators—things like port scans, DDoS traffic, and the like.”
A more detailed explanation about what could constitute a “cybersecurity purpose” or “cyber security threat indicator” in the various cybersecurity bills can be read here.
Under CISPA, can a company hand my communications over to the government without a warrant?
Yes. After collecting your communications, companies can then voluntarily hand them over to the government with no warrant or judicial oversight whatsoever as long is the communications have what the companies interpret to be “cyber threat information” in them. Once the government has your communications, they can read them too.
Under CISPA, what can I do if a company improperly hands over private information to the government?
Almost nothing. CISPA would affirmatively prevent users from suing a company if they hand over their private information to the government in virtually all cases. A broad immunity provision in the proposed amendments gives companies complete protection from user lawsuits unless information was given to the government:
(I) intentionally to achieve a wrongful purpose;
(II) knowingly without legal or factual justification; and
(III) in disregard of a known or obvious risk that is so great as to make it highly probably that the harm of the act or omission will outweigh the benefit.
As Techdirt concluded, “no matter how you slice it, this is an insanely onerous definition of willful misconduct that makes it essentially impossible to ever sue a company for wrongly sharing data under CISPA.” This proposed immunity provision is actually worse than the prior version of the bill, under which companies could be sued if they acted in “bad faith.”
What government agencies can look at my private information?
Under CISPA, companies are directed to hand “cyber threat information” to the Department of Homeland Security (DHS). Once it’s in DHS’s hands, the bill says that DHS can then hand the information to other intelligence agencies, including the National Security Agency, at its discretion.
Can the government use my private information for other purposes besides “cybersecurity” once they have it?
Yes. When the bill was originally drafted, information could be used for all other law enforcement purposes besides “regulatory purposes.” A new amendment narrows this slightly. Now—even though the information was passed along to the government for only cybersecurity purposes—the government can use your personal information for either cybersecurity or national security investigations. And as long as it can be used for one of those purposes, it can be used for any other purpose as well.
Can the government use my private information to go after alleged copyright infringers and whistleblower websites?
Up until last Friday the answer was yes, and now it’s changed to maybe. In response to the overwhelming protest from the Internet community that this bill would become a backdoor for SOPA 2, the bill authors have proposed an amendment that rids the bill of any reference to “intellectual property.”
The bill previously defined “cyber threat intelligence” and “cybersecurity purpose” to include “theft or misappropriation of private or government information, intellectual property, or personally identifiable information.” Now the text reads:
(B) efforts to gain unauthorized access to a system or network, including efforts to gain such unauthorized access to steal or misappropriate private or government information
But it is important to remember that this proposed amendment is just that: proposed. The House has not voted it into the bill yet, so they still must follow through and remove it completely.
A more detailed explanation of how this provision could be used for copyright enforcement and censoring whistleblower sites like WikiLeaks can be read here.
What can I do to stop the government from misusing my private information?
CISPA does allow users to sue the government if they intentionally or willfully use their information for purposes other than what is described above. But any such lawsuit will be difficult to bring. For instance, the statute of limitations for such a lawsuit is two years from the date of the actual violation. It’s not at all clear how an individual would know of such misuse if it were kept inside the government.
Moreover, suing the government where classified information or the “state secrets privilege” is involved is difficult, expensive, and time consuming. EFF has been involved for years in a lawsuit over Fourth Amendment and statutory violations stemming from the warrantless wiretapping program run by the NSA—a likely recipient of “cyber threat information.” Despite six years of litigation, the government continues to maintain that the “state secrets” privilege prevents the lawsuit from being heard.
Given that DHS is notorious for classifying everything—even including their budget and number of employees—they may attempt to prevent users from finding out exactly how this information was ever used. And if the information is in the hands of the NSA and they claim “national security,” then it would get even harder.
In addition, while CISPA does mandate an Inspector General should issue a report to Congress over the government’s use of this information, its recommendations or remedies do not have to be followed.
Why are Facebook and other companies supporting this legislation?
Facebook and other companies have endorsed this legislation because they want to be able to receive information about network security threats from the government. This is a fine goal, but unfortunately CISPA would do far more than that—it would eviscerate existing privacy laws by allowing companies to voluntarily share users’ private information with the government.
Facebook released a statement Friday saying that they are concerned about users’ privacy rights and that the provision allowing them to hand user information to the government “is unrelated to the things we liked about HR 3523 in the first place.” As we explained in our analysis of Facebook’s response: the “stated goal of Facebook—namely, for companies to receive data about cybersecurity threats from the government—does not necessitate any of the CISPA provisions that allow companies to routinely monitor private communications and share personal user data gleaned from those communications with the government.” Read more about why Facebook should withdraw support from CISPA until privacy safeguards are in place here.
What can I do to stop this bill?
It’s vital that concerned Internet users tell Congress to stop this bill. Use EFF’s action center to send an email to your Congress member urging them to oppose this bill.
Related articles
- Worse than SOPA? CISPA to censor Web in name of cybersecurity (alethonews.wordpress.com)
- Facebook defends CISPA support, completely misses the point (digitaltrends.com)
- What You Need to Know About CISPA (readwriteweb.com)
- What Facebook Wants in Cybersecurity Doesn’t Require Trampling On Our Privacy Rights (eff.org)
- Say ‘hello’ to CISPA, it will remind you of SOPA (news.cnet.com)
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From the Archives
Kiev intends to kill as many Russians as possible – top Zelensky aide
RT | June 15, 2023
Ukraine currently has only one plan, which is a campaign to kill the maximum number of Russians, Mikhail Podoliak, an advisor to the chief of President Vladimir Zelensky’s office, said on the air during a telemarathon on Thursday.
“There is only one plan: the most brutal advance with the maximum killing of Russians on this route,” he said, noting that Kiev “can’t just stop somewhere and say ‘alright, let’s think and talk about something now.’”
“The only possible scenario for Ukraine is to reach its 1991 borders,” he said.
Back in May, Podoliak also proclaimed that his country hates Russia and those who represent it and vowed to “persecute” Russians “always and everywhere.” That followed comments by Kirill Budanov, the head of Ukraine’s military intelligence agency, who boasted that his agents had murdered Russian public figures and pledged that Kiev will “keep killing Russians anywhere on the face of this world.”
Earlier this week, Ukraine’s Defense Minister Aleksey Reznikov revealed that Kiev had been instructed by its Western backers in the early days of the conflict to “kill as many Russians” as it could before surrendering. … continue
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