Congress is doing it again: they’re proposing overbroad regulations that could have dire consequences for our Internet ecology. The Cyber Intelligence Sharing and Protection Act of 2011 (H.R. 3523), introduced by Rep. Mike Rogers and Rep. Dutch Ruppersberger, allows companies or the government free rein to bypass existing laws in order to monitor communications, filter content, or potentially even shut down access to online services for “cybersecurity purposes.” Companies are encouraged to share data with the government and with one another, and the government can share data in return. The idea is to facilitate detection of and defense against a serious cyber threat, but the definitions in the bill go well beyond that. The language is so broad it could be used as a blunt instrument to attack websites like The Pirate Bay or WikiLeaks. Join EFF in calling on Congress to stop the Rogers’ cybersecurity bill.
Under the proposed legislation, a company that protects itself or other companies against “cybersecurity threats” can “use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property” of the company under threat. But because “us[ing] cybersecurity systems” is incredibly vague, it could be interpreted to mean monitoring email, filtering content, or even blocking access to sites. A company acting on a “cybersecurity threat” would be able to bypass all existing laws, including laws prohibiting telcos from routinely monitoring communications, so long as it acted in “good faith.”
The broad language around what constitutes a cybersecurity threat leaves the door wide open for abuse. For example, the bill defines “cyber threat intelligence” and “cybersecurity purpose” to include “theft or misappropriation of private or government information, intellectual property, or personally identifiable information.”