PDA

View Full Version : 4th amendment is slowly dying.



PedroDaGr8
04-19-2013, 03:18 PM
Well once again our illustrious HoR passes the CISPA act. This is the Cyber Intelligence and Protection Act for those that don't know. As usual the title of the act hides the reality inside. The stated aim of the bill is to help the U.S government investigate cyber threats and ensure the security of networks against cyberattack. Sounds like a good plan in theory.

The reality:
CISPA will allow private sector firms to search personal and sensitive user data of ordinary U.S. residents to identify "threat information," which can then be shared with other opt-in firms and the U.S. government — without the need for a court-ordered warrant.

It also allows ""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 either 'efforts to degrade, disrupt, or destroy such system or network'; or 'theft or misappropriation of private or government information, intellectual property, or personally identifiable information." Meaning, any info the government has about you could be shared with private companies. Note, the inclusion of intellectual property in there, just another tool to circumvent the SOPA fiasco. Additionally, the government can share the information with anyone they choose regardless of security clearance. On top of that note the: a vulnerability of, or threat to. my guess is this could have a chilling affect on security researchers. A researcher discovers a flaw in a network, he automatically gets all of his information shared with anyone the government deems suitable. Additionally, once the government has the information ti can be shared with any other agency for cybersecurity or any national security purposes (this is quite vague of course).

jazyd
04-19-2013, 11:15 PM
Just wonderful, dws

Darrell KSR
04-26-2013, 08:47 AM
http://www.zdnet.com/cispa-dead-in-senate-privacy-concerns-cited-7000014536/?s_cid=e539&ttag=e539

The Senate will almost certainly kill a controversial cybersecurity bill, recently passed by the House, according to a U.S. Senate Committee member.

The comments were first reported by U.S. News on Thursday.

Sen. Jay Rockefeller (D-WV), the chairman of the U.S. Senate Committee on Commerce, Science and Transportation, said in a statement on April 18 that CISPA's privacy protections are "insufficient."

Read this
CISPA passes U.S. House: Death of the Fourth Amendment?

A committee aide told ZDNet on Thursday that Rockefeller believes the Senate will not take up CISPA. The White House has also said the President won't sign the House bill.

Staff and senators are understood to be "drafting separate bills" that will maintain the cybersecurity information sharing while preserving civil liberties and privacy rights.

Rockefeller's comments are significant as he takes up the lead on the Commerce Committee, which will be the first branch of the Senate that will debate its own cybersecurity legislation.

Michelle Richardson, legislative council with the American Civil Liberties Union, told the publication she thinks CISPA is "dead for now," and said the Senate will "probably pick up where it left off last year."

The Cyber Information Sharing and Protection Act, commonly known as CISPA, permits private sector companies — including technology firms such as Facebook, Twitter, Google and Microsoft, among others — to pass "cyber threat" data, including personal user data, to the U.S. government.

This means a company like Facebook, Twitter, Google, or any other technology or telecoms company, including your cell service provider, would be legally able to hand over vast amounts of data to the U.S. government and its law enforcement — for whatever purpose it deems necessary — and face no legal reprisals.

Civil liberties groups have called CISPA a "privacy killer" and "dangerously vague," and warned that it may be in breach of the Fourth Amendment.

After CISPA passed the House the first time last year, the Senate shelved the bill in favor of its own cybersecurity legislation. Following today's statements, the Senate is edging closer to repeating its actions for a second time.

dan_bgblue
05-02-2013, 09:48 AM
Poking holes in the Fourth Amendment to let government snoop on you (http://www.foxnews.com/opinion/2013/05/02/more-holes-in-fourth-amendment/?intcmp=HPBucket)