A post by Pat
I want to bring this pending legislation to your attention in light of the WSJ story Tammy talked about today concerning cyberspies penetrating the elctricity grid. When we hear stories like that and others such as cyberattacks by the Chinese into DOD computers, it is frightening to think of the potential consequences. Clearly something must be done about cyber security and quickly.
There’s no doubt in my mind all the stories we’ve heard are true and plenty of others we have not heard about. I’m wondering if we will begin to hear more about frightening cyber threats now that S.733, The Cyber Security Act of 2009, is working its way through Congress. Senators Rockefeller, Snowe and Nelson introduced this bill April 1st but it is no joke and hardly a laughing matter. There is language in the bill that lets the Secretary of Commerce have access to critical information networks “without regard to any provision of law, regulation, rule or policy restricting such access” and let’s the President of the United States decide what is nongovernmental (i.e. private) critical information system infrastructure.
Electricity Grid in U.S. Penetrated By Spies
“Over the past several years, we have seen cyberattacks against critical infrastructures abroad, and many of our own infrastructures are as vulnerable as their foreign counterparts,” Director of National Intelligence Dennis Blair recently told lawmakers. “A number of nations, including Russia and China, can disrupt elements of the U.S. information infrastructure.”
Draft legislation pdf file. Also accessible at thomas.loc.gov S. 773.
To ensure the continued free flow of commerce within the United States and with its global trading partners through secure cyber communications, to provide for the continued development and exploitation of the Internet and intranet communications for such purposes, to provide for the development of a cadre of information technology specialists to improve and maintain effective cyber security defenses against disruption, and for other purposes.
From the .pdf file (page 39-40)
SEC. 14. PUBLIC-PRIVATE CLEARINGHOUSE.
(a) DESIGNATION- The Department of Commerce shall serve as the clearinghouse of cybersecurity threat and vulnerability information to Federal Government and private sector owned critical infrastructure information systems and networks.
(b) FUNCTIONS- The Secretary of Commerce–(1) shall have access to all relevant data concerning such networks without regard to any provision of law, regulation, rule, or policy restricting such access;
(page 50 and 51):
SEC. 23. DEFINITIONS.
SYSTEMS AND NETWORKS.—The term ‘‘Federal government and United States critical infrastructure information systems and networks’’ includes—
(A) Federal Government information systems and networks; and
(B) State, local, and nongovernmental information systems and networks in the United States designated by the President as critical infrastructure information systems and net works.
I’ve read some opinions that the wording is too broad and the legislation will never be passed. How can this wording ever have been included in the first place? Get it out now.
Please see World Net Daily write up.
(HT ArtGal)
“…for other purposes” in the title is standard boilerplate language in every Congressional bill title. It (arguably, marginally) serves to protect amendments from a point of order that the amendment is not germane to the bill.
However, yes, the bolded language in 23(B) gives the President essentially unfettered discretion to designate anything as critical and thereby hand it to warrantless surveillance or even seizure by the Commerce Department. That language has to go.
Congress continues to whittle away our right to privacy and basic freedoms every session. At first, I was always upset knowing how much time off they have. Now, I’m glad they work as little as they do.
Congress is the Founders’ antichrist.