Tag Archives: CISPA

A week of action opposing CISPA

The ALA belongs to a coalition of Internet advocacy organizations and individuals that are launching a week of action to combat the Cyber Intelligence Sharing and Protection Act (CISPA). Viewing CISPA as one of the greatest threats to Internet users since SOPA, the coalition intends to leverage popular outrage to oppose the dangerously broad cybersecurity bill.

The objectionable provisions of CISPA include:

  • Eviscerating existing privacy laws by giving legal immunity to companies who share users’ private information, including the content of communications, with the government.
  • Authorizing companies to disclose users’ data directly to the NSA, a military agency that operates secretly and without public accountability.
  • Broad definitions that allow users’ sensitive personal information to be used for a range of purposes, including “national security,” not just computer and network security.

The coalition believes that legislation intended to enhance our computer and network security must not sacrifice long-standing civil liberties and protections. Some examples: Contact your Congressional Representatives, asking the White House to renew its promise to veto CISPA, tweeting (hashtags are #CISPA, #StopCISPA and #CISPAAlert).

 

About Jessica McGilvray

Jessica McGilvary is the Assistant Director of ALA Washington Office's Office of Government Relations (OGR).

Like a bad penny, CISPA has returned…

Last week, Rep. Mike J. Rogers (R-MI) and Rep. C.A. Dutch Ruppersberger (D-MD) introduced the Cyber Intelligence Sharing and Protection Act of 2013, H.R. 624 (CISPA) in the House. This is essentially the same bill (H.R. 3523) that the House passed in April of last year and that the President Obama threatened to veto . The President has again made his opinion known, this time via an executive order, Improving Critical Infrastructure Cybersecurity. In the absence of legislation in this area, the executive order provides policy for the federal government to increase its cybersecurity.

CISPA would make it possible for private companies to share information with the government while keeping info from the public, violating the spirit of the Freedom of Information Act (FOIA). Page seven, lines 10-13 (pdf) of the bill clearly state that cyber threat information shared with the federal government “shall be exempt from disclosure under section 552 of title 5, United States Code (Commonly known as the ‘Freedom of Information Act’”. The ironic thing is that much of the information that the companies might share is already protected under FOIA!

The American Library Association will again work with other civil liberty groups to oppose CISPA. Please stay tuned for more information as this movement progresses!

For more information, please visit the ALA’s website.

About Jessica McGilvray

Jessica McGilvary is the Assistant Director of ALA Washington Office's Office of Government Relations (OGR).

ALA Supports Amash Amendment to CISPA Bill

During ‘Cybersecurity Week’ in the U.S. House of Representatives last week, the American Library Association announced its support for the “Amash/Labrador/Nadler/Paul/Polis Amendment” to H.R. 3523, the Cyber Intelligence Sharing and Protection Act of 2011 (CISPA). The ALA asked Congress to amend H.R. 3523 and move it toward a proper balance between our nation’s privacy laws and the need to fight cybersecurity threats. CISPA trumps all current privacy laws including the forty-eight state library record confidentiality laws as well as the Federal Electronic Communications Privacy Act, the Wiretap Act, and the Foreign Intelligence Surveillance Act.

The Amash amendment sought to protect library patron records and other personally identifiable information from wholesale sharing among private companies, ISP providers and the government. The amendment passed 415 to 0, although the bill did not include other proposed amendments that the ALA supported. The Amash Amendment was the type of amendment essential to address the serious problems in H.R. 3523 and the library community remained disappointed in the outcome of the final bill.

ALA President Molly Raphael joined many organizations, including the American Society of News Editors, American Civil Liberties Union and the Center for Media and Democracy, in opposition to the cybersecurity bill by signing a coalition letter. ALA had urged Congress to accept the Amash Amendment and to seek other improvements to the bill.

“Cybersecurity is a serious, legitimate concern for our nation as well as for libraries, library patrons and the public at large. But CISPA would establish a whole new system for our nation’s privacy laws and policies by permitting the sharing of extraordinary amounts of personal information and electronic communications with little oversight and overly broad definitions of cybersecurity,” Raphael said. “The House of Representatives did not heed the ALA’s call and the future of CISPA lies in the Senate’s and the White House’s hands. We hope that the Senate will do better,” she added.

Jazzy Wright
Press Officer, ALA, Washington Office

About Jazzy Wright

Jazzy Wright is the Press Officer of the American Library Association's Washington Office. Email her at jwright@alawash.org.

Cybersecurity bill votes start in three days – Keep the pressure on

Library and privacy supporters: Keep pressuring House members to vote NO on H.R. 3523 and other bills that will restructure our nation’s privacy policies and laws. ALA remains staunchly opposed to this bill.  Petition your elected representatives with the ALA Legislative Action Center.

The major problems remain:

  • CISPA would permit private “entities” (ISPS, utilities, etc.) to share huge amounts of information about our electronic communications with the government without a legal review or warrant;
  • CISPA permits these private providers to provide dumps of information without necessarily anonymizing or aggregating the information to protect personal privacy;
  • CISPA would authorize the National Security Agency (NSA) – an intelligence and military agency – to receive all of the Internet records to be used, not just for cybersecurity, but for other “lawful purposes” as well;
  • CISPA trumps all other privacy laws – state, local and national – if the sharing of the information is deemed “cybersecurity.”

The House of Representatives is still scheduled to address a number of troubling cyber bills during Cybersecurity Week, the week of April 23. One of the most troubling bills remains H.R. 3523, The Cyber Intelligence Sharing and Protection Act of 2011, CISPA.

At this writing, the text of CISPA is still in flux and behind-the-scene discussions continue. Additional amendments must be filed next Tuesday, April 24, 2012. While things are in great flux, it could be that H.R. 3523 will hit the House floor next Wednesday or Thursday, April 25-26, 2012. This is the key time to keep your calls going into House offices.

Other privacy advocates such as the American Civil Liberties Union, the Center for Democracy and Technology, Free Press, the Electronic Frontier Foundation and the Constitution Project also remain in opposition to H.R. 3523. As the ACLU noted in their blog: “The changes are so underwhelming that even the Obama Administration issued a statement [April 18] that their privacy concerns persist.”

The mix of bills in the House emphasizes sharing vast amounts of electronic communications between private service providers (and other “utilities”) and the government. These bills would give immunity and permission to share the traffic on their systems if the information is deemed for “cybersecurity” purposes.

Tell Congress: No Cyber Spying! No CISPA! 

The one improvement we can report is that the specific term “intellectual property” was removed, although there is still too much ambiguity elsewhere in the bill to know for certain that copyright issues couldn’t be swept in with all of the other information sharing activities and purposes.

About Jacob Roberts

Jacob Roberts is the communications specialist for the ALA Washington Office.

Ask Your Representative to Vote NO on CISPA

Please call and ask your U.S. Representative to OPPOSE H.R. 3523, The Cybersecurity Information Sharing and Protection Act of 2011 or CISPA, one of several bills to be considered in the U.S. House of Representatives during “Cybersecurity Week” starting April 23, 2012. Look up and call your U.S. Representative here and look up his or her twitter handle here.

Ask your representative to vote NO on CISPA because it:

  • Does not limit the use of the shared information to cybersecurity;
  • Does not adequately define “cybersecurity” related information;
  • Does not limit needless data collection and retention; and it
  • Does trump all existent federal, state and local records retention laws, including the 48 state library record confidentiality laws;

ALA is concerned that essentially all private electronic communications could be obtained by the government and used for many purposes – and not just for cybersecurity activities.  H.R. 3523 would permit, even require ISPs and other entities to monitor all electronic communications and share personal information with the government without effective oversight just by claiming the sharing is for “cybersecurity purposes.”

In this proposal the National Security Agency (NSA), would be able to indefinitely retain and use the shared information for other purposes.  The NSA could even share the information with other federal agencies and local law enforcement, even with entities concerned with intellectual property.

The consequences for library users are also inherent to cloud computing, higher education networks, privatized libraries and networks, and network/vendor contracts – whether intended or not.

For more information, vist our CISPA web page

About Jacob Roberts

Jacob Roberts is the communications specialist for the ALA Washington Office.