House Speaker Boehner rushed through the CISPA bill late Thursday and it passed.. And what could only be considered a major disappointment is that not only did John Carney vote with the Republicans in its passage, Carney voted to curtail our rights.Techdirt explains:
Previously, CISPA allowed the government to use information for “cybersecurity” or “national security” purposes. Those purposes have not been limited or removed. Instead, three more valid uses have been added: investigation and prosecution of cybersecurity crime, protection of individuals, and protection of children. Cybersecurity crime is defined as any crime involving network disruption or hacking, plus any violation of the CFAA.
Basically this means CISPA can no longer be called a cybersecurity bill at all. The government would be able to search information it collects under CISPA for the purposes of investigating American citizens with complete immunity from all privacy protections as long as they can claim someone committed a “cybersecurity crime”. Basically it says the 4th Amendment does not apply online, at all. Moreover, the government could do whatever it wants with the data as long as it can claim that someone was in danger of bodily harm, or that children were somehow threatened—again, notwithstanding absolutely any other law that would normally limit the government’s power.
Somehow, incredibly, this was described as limiting CISPA, but it accomplishes the exact opposite. This is very, very bad.
There were some good amendments adopted too—clarifying some definitions, including the fact that merely violating a TOS does not constitute unauthorized network access—but frankly none of them matter in the light of this change. CISPA is now a completely unsupportable bill that rewrites (and effectively eliminates) all privacy laws for any situation that involves a computer. Far from the defense against malevolent foreign entities that the bill was described as by its authors, it is now an explicit attack on the freedoms of every American.