August 28, 2009
by Declan McCullagh
CNET.com
Internet companies and civil liberties groups were alarmed this spring when a U.S. Senate bill proposed handing the White House the power to disconnect private-sector computers from the Internet.
They’re not much happier about a revised version that aides to Sen. Jay Rockefeller, a West Virginia Democrat, 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.
“I think the redraft, while improved, remains troubling due to its vagueness,” said Larry Clinton, president of the Internet Security Alliance, which counts representatives of Verizon, Verisign, Nortel, and Carnegie Mellon University on its board. “It is unclear what authority Sen. Rockefeller thinks is necessary over the private sector. Unless this is clarified, we cannot properly analyze, let alone support the bill.”
Representatives of other large Internet and telecommunications companies expressed concerns about the bill in a teleconference with Rockefeller’s aides this week, but were not immediately available for interviews on Thursday.
A spokesman for Rockefeller also declined to comment on the record Thursday, saying that many people were unavailable because of the summer recess. A Senate source familiar with the bill compared the president’s power to take control of portions of the Internet to what President Bush did when grounding all aircraft on Sept. 11, 2001. The source said that one primary concern was the electrical grid, and what would happen if it were attacked from a broadband connection…
…The privacy implications of sweeping changes implemented before the legal review is finished worry Lee Tien, a senior staff attorney with the Electronic Frontier Foundation in San Francisco. “As soon as you’re saying that the federal government is going to be exercising this kind of power over private networks, it’s going to be a really big issue,” he says.
Probably the most controversial language begins in Section 201, which permits the president to “direct the national response to the cyber threat” if necessary for “the national defense and security.” The White House is supposed to engage in “periodic mapping” of private networks deemed to be critical, and those companies “shall share” requested information with the federal government. (“Cyber” is defined as anything having to do with the Internet, telecommunications, computers, or computer networks.)
“The language has changed but it doesn’t contain any real additional limits,” EFF’s Tien says. “It simply switches the more direct and obvious language they had originally to the more ambiguous (version)…The designation of what is a critical infrastructure system or network as far as I can tell has no specific process. There’s no provision for any administrative process or review. That’s where the problems seem to start. And then you have the amorphous powers that go along with it.”
Translation: If your company is deemed “critical,” a new set of regulations kick in involving who you can hire, what information you must disclose, and when the government would exercise control over your computers or network…
UPDATE:
Senate Bill Would Give President Emergency Control of Internet
Details of a revamped version of the Cybersecurity Act of 2009 show the Senate bill could give the president a “kill switch” on the Internet and allow him to shut out private networks from online access.
A Senate bill would offer President Obama emergency control of the Internet and may give him a “kill switch” to shut down online traffic by seizing private networks — a move cybersecurity experts worry will choke off industry and civil liberties.
Details of a revamped version of the Cybersecurity Act of 2009 emerged late Thursday, months after an initial version authored by Sen. Jay Rockefeller, D-W.V., was blasted in Silicon Valley as dangerous government intrusion.
“In the original bill they empowered the president to essentially turn off the Internet in the case of a ‘cyber-emergency,’ which they didn’t define,” said Larry Clinton, president of the Internet Security Alliance, which represents the telecommunications industry.
“We think it’s a very bad idea … to put in legislation,” he told FOXNews.com.
Clinton said the new version of the bill that surfaced this week is improved from its first draft, but troubling language that was removed was replaced by vague language that could still offer the same powers to the president in case of an emergency.
“The current language is so unclear that we can’t be confident that the changes have actually been made,” he said…
Continues at FoxNews.com
