SOPA is dead, but CISPA may give Internet citizens a new cause

By on April 13, 2012, 2:00 PM

Although the demise of SOPA is behind us, citizens of the Internet may have new cause for concern. The Cyber Intelligence Sharing and Protection Act (CISPA) has been gaining momentum and while it is distinctly different than SOPA, some argue it may even be worse than the aborted bill. Even if it isn't, at the very least, it does bring up the importance of security versus a right to privacy and what that means in today's digital world.

Unlike SOPA, which was an intellectual property-specific bill focused on seizing domain names and -- in some cases -- making private companies judge, jury and executioner, CISPA is more about national security and intelligence gathering. 

In a nutshell, CISPA allows the government to request otherwise confidential information about individuals from private companies, like ISPs. That's nothing new, nor does it punish companies who don't comply with such requests. However, despite its seeming absence of teeth, it's true purpose is to grant federal criminal and civil protection to companies who do choose to cooperate. Under this bill, if federal authorities think you're up to no good, they can request your Facebook records, your ISPs logs and your Xbox Live history and essentially spy on you -- no warrant, probable cause or even a courtesy letter is required. Companies who do divulge whatever private information they have about you to the federal government can't be sued or prosecuted. This makes it much more likely that private actors will cooperate. 

EXEMPTION FROM LIABILITY - No civil or criminal cause of action shall lie or be maintained in Federal or State court against a protected entity, self-protected entity, cybersecurity provider, or an officer, employee, or agent of a protected entity, self-protected entity, or cybersecurity provider, acting in good faith -- (A) for using cybersecurity systems or sharing information in accordance with this section; or (B) for not acting on information obtained or shared in accordance with this section.

Source: thomas.loc.gov

Opponents of the bill, like the Electronic Frontier Foundation (EFF), say CISPA is a clear violation of Fourth Amendment rights and sharply criticize the broad language of the bill. Others say it isn't so bad. Even so, this anti-CISPA petition had racked up over 650,000 signers at the time of this writing.

Worst of all, the stated definition of "cybersecurity purpose" is so broad that it leaves the door open to censor any speech that a company believes would "degrade the network."  Parts of the proposed legislation specifically state that cybersecurity purpose includes protecting against the "theft or misappropriation of private or government information" including "intellectual property." Such sweeping language would give companies and the government new powers to monitor and censor communications for copyright infringement. It could also be a powerful weapon to use against whistleblower websites like WikiLeaks.

Source: action.eff.org

Although there are many differences between CISPA and SOPA, proponents and opponents of each bill will likely find they overlap a great deal. It's worth noting that despite the differences, the reach of CISPA does specifically include intellectual property theft. Because of the broad language of the bill, it may inadvertently include many other aspects of our digital world as well.

Information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from efforts to degrade, disrupt, or destroy; or theft or misappropriation of private or government information, intellectual property or personally identifiable information.

Source: thomas.loc.gov

Currently, the bill enjoys strong support on the house floor (about 100 members) and the support of at least 28 companies like Microsoft, Verizon, AT&T, Facebook (pdf) and Intel. Many of the same companies that currently support CISPA had denounced SOPA earlier this year. However, businesses may be discovering that CISPA aligns with their best interests as the legislation could effectively offload some aspects of user regulation to the federal government.




User Comments: 13

Got something to say? Post a comment
Guest said:

You do still know that ACTA is still out there. :(

Tygerstrike said:

SOPA didnt allow these companys to go after offenders. This one reads like it does that. It gives them a vehicle to go after ppl. It may not be right but it is understandable. It looks like this bill goes directly after pirates. They can point to this bill and slam the internet closed on ppl.

Guest said:

Who keeps coming up with these bills?

H3llion H3llion, TechSpot Paladin, said:

Guest said:

Who keeps coming up with these bills?

This.

Oh well Sopa, Acta, Pipa, Dipa, Shipa, Boopa, Dapa, Yarpa are dead guys ... we won.

... few weeks later.

The Ultima Sopactpipdipshipbipdipipsapdupapagataalphaomega is out! Cmon don't let the interwebz die guiz.

Sad but true. So lets make a bill that prevents all the other new bills to roll out :3

Darkshadoe Darkshadoe said:

They should have named it DERPA -

D-umbass

E-lected

R-epresentives

P-rotecting Big Business

A-ct

Guest said:

CISPA is pure evil. I hate it to the core.

Guest said:

It's all because of something bigger than any kind of piracy. It's about the control over internet. Don't let them tell you there is piracy, terrorism and all crap designed to justify that kind of actions. We are safe, we are not pirates and so far internet is free - we should make sure it stays that way!

Guest said:

Remember if you loose 1 of your rights...you will never have it again..and this kind of bill is done with a methodical intention...i cant remember the book but there are like 15 ways of pushing something that no one approves..and this particular method is pushing little by litle until..eventually most of the ppl will say "its not so bad" letting the bill to pass.

So..this is bad their intentions are clear...why the US Again?...

inventix1136 said:

Whoever supports this bill and supported SOPA (before the uproar) gets voted out next election and I will be looking at independents due to the fact that there is very little difference between republicans and democrats, both are bribed and paid for by special interest groups and ABSOLUTELY DO NOT represent the people of the country. These guys make Russian businessmen seem like the proverbial boy scouts...

People QUIT voting party line and do look at independents. If you don't then the party in power knows that no matter how badly they screw up, it is just an election cycle or two before they are back and thus there is no incentive to change.

yRaz yRaz said:

inventix1136 said:

People QUIT voting party line and do look at independents. If you don't then the party in power knows that no matter how badly they screw up, it is just an election cycle or two before they are back and thus there is no incentive to change.

Swing voters have to be some of the DUMBEST people I've ever met.

Independents = Republicans who don't want to be associated with the GOP. I can't really blame them either.

Marnomancer Marnomancer said:

Another piece of crap meticulously planned to endanger our independence, drafted by Wall Street parasites.

This is nonsense, really.

Guest said:

as long as someone is playing off the politicians this is always going to be a topic

Guest said:

So it basically makes having the internet like having a smartphone. They can watch your every move.

Personally I think just because we have technology it doesnt somehow give the government the RIGHT to spy on technology. Slowly but for damn sure, we ARE losing rights to freedom

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