Talks of Cyber Security Act 2009 | power to define internet

**Moderator**

Talks of "Cyber Security Act 2009"
By NoLuckNeeded.com member LadyLucky

As of right now, the Cybersecurtiy Act of 2009 is currently pending in the U.S. senate and althought it may only have a few sponsors, it is quickly headed to be heard, marked-up and passed. This bill is being presented as necessary and according to Bob Barr "a carefully considered response to a legitimate problem-the lack of adequate security measures for national security programs and infrastructure sectors." Mr. Barr goes on to state "It is, however, a cyber-wolf in sheep’s clothing. As introduced by Democrat Jay Rockefeller and Republican Olympia Snowe, the legislation’s scope and power to reach every corner of the vast Internet system — including individual, private Internet usage — raises extremely troubling privacy and censorship concerns"

This piece of pending legislation would actually give the president, the Department of Commerce and other federal bureau's power to define how the internet is used and possibly shut it down at their own discression.

According to an article by Associated Press writer Ted Bridis "Obama ordered a 60-day cyber review shortly after taking office, and the exhaustive study has been lauded by government officials and well as technology executives. The review was led by Melissa Hathaway, once an aide to President George W. Bush and appointed by Obama to fashion a broad policy for the computer systems that govern everything from power grids and airline traffic to military computers."

Bob Barr states that "As with most pieces of bad legislation, this one starts with high sounding "findings" that mask and divert focus from it's actual effects. The preliminary section, for example, correctly states that "failure to protect cyberspace" constitutes a seriouis national security problem, and that a cyber attack on our national power grid, for example, could be devastating."

But instead of focussing on solutions to these problems, this legislation "sweeps so broadly as to grant the federal government virtually ungettered and unreviewable power over every aspect of the internet, from the most complex national security segment to the smallest individual user." This means that the government would be able to access any of our computers if they felt they needed to.... or even if they didn't, because the bill defines the operative term, "cyber" to include: "any process, program, or protocol relating to the use of the Internet or...transmission...via the Internet" and "any matter relating to, or involving the use of, computers or computer networks." To me that opens any and every possible door they may or may not need.

Bob Barr states "The president is empowered to declare a “cybersecurity emergency” (not defined in the bill) and “order the limitation or shutdown of Internet traffic to and from” any of the defined networks! Even in the absence of declaring a so-called cybersecurity emergency, the president can order the shutdown of any of the defined networks whenever he decides doing so would be “in the interest of national security.” and "The bill grants deeply troubling powers over private-sector use of the Internet that should bother every user and purveyor of Internet services. Such concerns are heightened when considering that the 2006 Cybercrime Treaty requires U.S. law enforcement agencies to grant to foreign governments that have likewise adopted the treaty, access to an Internet service provider’s customer use records.

I agree with Mr. Barr's final statement that "If signed into law, the 2009 Cybersecurity Act would constitute the second half of a one-two punch effectively neutering the Internet."