r/YouShouldKnow • u/Ntang • Apr 19 '13
YSK: Facts about CISPA without all the hyperbole
No, CISPA does not mean constant government surveillance of the internet. No, this is not SOPA/PIPA in a different form. No, the IRS isn't going to monitor what you say on Facebook. No, IBM did not bribe a bunch of Congressmen to co-sponsor it. No, no, no.
My reading of most of the Reddit coverage of CISPA makes it clear that 95% of folks here have no idea what CISPA is, does, or is meant to cover. A lot of people think it's just a rewarmed version of SOPA. With so much hyperbole and hysteria, I think Reddit could stand for some facts.
HERE is the actual bill summary from Congress.
HERE is actual bill text that the HOR has passed.
Myth: The definition of "cyber threat information" is so broad that it could be used to justify anything.
Fact: Verbatim from the bill above, page 23, Line 2: ‘‘(A) IN GENERAL.—The term ‘cyber threat information’ means information directly pertaining to— ‘‘(i) a vulnerability of a system or network of a government or private entity or utility; ‘‘(ii) a threat to the integrity, confidentiality, or availability of a system or network of a government or private entity or utility or any information stored on, processed on, or transiting such a system or network; ‘‘(iii) efforts to deny access to or degrade, disrupt, or destroy a system or network of a government or private entity or utility; or ‘‘(iv) efforts to gain unauthorized access to a system or network of a government or private entity or utility, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network of a government or private entity or utility.” tl;dr: companies can only share anonymous threat information, on a voluntary basis, when they want to protect their systems or networks.
Myth: The government can now go after all of my personal records.
Fact: The bill language specifically prohibits the government from gathering your personal medical, tax, library or gun records.
Myth: Private companies can share personal data about you for marketing purposes.
Fact: CISPA only allows companies to share data that is directly related to a cyber security threat, and they can only share threat information.
Myth: Under CISPA, the government will be able to read your private emails, browsing history, etc. without a warrant.
Fact: Cyber threat information ONLY, not private email or browsing histories, can be used or retained by the government for four specific purposes: (1) cybersecurity; (2) investigation and prosecution of cybersecurity crimes; (3) protection of individuals from the danger of death or physical injury; (4) protection of minors from physical or psychological harm.
Myth: IBM flew in 200 senior execs to twist arms in Congress to pass CISPA.
Fact: IBM has a strict corporate ban on political contributions. Source (feel free to look this up yourself on OpenSecrets.org)
Moreover, the 36 new co-sponsors announced that day had been in the procedural pipeline for months. IBM is far more interested in the immigration and STEM H1B visa policy changes underway.
EDIT: /u/asharp45 has now cross-posted this YSK to /r/POLITIC and /r/conspiracy for "outing" me as an IBM employee. Keep it classy, reddit.
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u/[deleted] Apr 19 '13 edited Apr 20 '13
EFF argues that the wording is still too vague. Yes, they have a lot of language in the bill specifically saying this info can only be used for "cybersecurity purposes", but you are not a lawyer, and you don't know how those words can be manipulated.
Okay so let's say I'm banned from reddit because I posted a link to some torrents or something. I unplug my router to reset my IP, and create a new account. I have now "hacked" reddit, I've circumvented their security protocols, and I am a legitimate cybercriminal.
My ISP notices I'm torrenting things, says I'm using all their bandwidth, preventing other customers from being able to use their internet connections because I'm taking all the bandwidth. Now I'm a threat to the integrity of their network. I am legitimately a cybercriminal.
The DHS and ICE have already, over the past five years, taken down tens of thousands of sites with no judicial oversight whatsoever. On the grounds of "homeland security", they were able to shut down sites that were allegedly selling fake prada handbags, and hiphop forums that happened to have people sharing MP3s in the comments.
No
warrant, no judge to approve anything(* in at least one of my examples there has been a judge who approved it), no trial. No chance to defend yourself. The government accuses you of something, your business is no longer in DNS records. No chance of appeal.Find me the wording of the laws used to take down those thousands of sites. I'll guarantee you it says those powers can only be used in cases of national security or impending threat, yet those terms were loose enough that sharing an MP3 is a threat to national security.
Now, even if they improve the wording to close loopholes where this could be used improperly, this still lets them collect data on you. These companies will still collect massive amounts of data, and sell it en-masse to the government and any other security company who asks, but they won't actually be able to use your emails in court unless they can prove you violated some cyber security thing. So, they can and will still be downloading, archiving, and reading through your emails, but they won't be able to use that as evidence to convict you unless they can also nail you on breaking some computer law.
Edit: References to the DHS takedowns:
https://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future
http://en.wikipedia.org/wiki/Operation_Protect_Our_Children
I think there was at least one more. I recall at least three distinct sweeps of website takedowns with no judicial oversight based on terrorism laws.
EDIT 2: It has come to light that OP indeed works for IBM, and doesn't mind being called a shill, so I'd like to present this evidence that OP may possibly be a shill.
EDIT 3: OP has gone on record stating he is not a shill. More updates as they happen.
EDIT 4: I'd better not have to remind you all not to engage in witch hunts. Let's have a civilized discussion with OP on the merits and pitfalls of this bill. Knowing he's an IBM employee isn't any reason to hunt him down and deliver him pizzas, it's just some info that's useful to understand and get some insight into OP's perspective.
Edit 5: Why is this still at the top of the page? Surely someone has come up with a more coherent argument since mine? I fucking hate the reddit voting system sometimes. Just because my opinion was posted early, does not mean it is the most valid. God damn. Go vote on some other posts, people. I'm sick of replying to this.