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CISA Is Now The Law: How Congress Quietly Passed The Second Patriot Act

CISA Is Now The Law: How Congress Quietly Passed The Second Patriot Act

Back in 2014, civil liberties and privacy advocates were up in arms when the government tried to quietly push through the Cybersecurity Information Sharing Act, or CISA, a law which would allow federal agencies – including the NSA – to share cybersecurity, and really any information with private corporations “notwithstanding any other provision of law.” The most vocal complaint involved CISA’s information-sharing channel, which was ostensibly created for responding quickly to hacks and breaches, and which provided a loophole in privacy laws that enabled intelligence and law enforcement surveillance without a warrant.

Ironically, in its earlier version, CISA had drawn the opposition of tech firms including Apple, Twitter, Reddit, as well as the Business Software Alliance, the Computer and Communications Industry Association and many others including countless politicians and, most amusingly, the White House itself.

In April, a coalition of 55 civil liberties groups and security experts signed onto an open letter opposing it. In July, the Department of Homeland Security itself warned that the bill could overwhelm the agency with data of “dubious value” at the same time as it “sweep[s] away privacy protections.” Most notably, the biggest aggregator of online private content, Facebook, vehemently opposed the legislation however a month ago it was “surprisingly” revealed that Zuckerberg had been quietly on the side of the NSA all along as we reported in “Facebook Caught Secretly Lobbying For Privacy-Destroying “Cyber-Security” Bill.”  

Even Snowden chimed in:


Shameful: @Facebook secretly backing Senate’s zombie surveillance bill while publicly pretending to oppose it. https://boingboing.net/2015/10/24/petition-facebook-betrayed-us.html 

Ahead of Senate Vote, Edward Snowden Speaks Out to Stop CISA Surveillance Bill

Ahead of Senate Vote, Edward Snowden Speaks Out to Stop CISA Surveillance Bill 

@Snowden / Twitter

As the U.S. Senate gears up for a vote on the controversial Cybersecurity Information Sharing Act (CISA) on Tuesday, privacy advocates are galvanizing an 11th-hour push against the bill they say does nothing more than expand government spying powers.

A slew of digital rights groups including Fight for the Future and the Electronic Frontier Foundation, along with whistleblower Edward Snowden and outspoken CISA opponent Sen. Ron Wyden (D-Ore.), joined forces Monday night for an Ask Me Anything (AMA) session on Reddit, which has also come out against the bill. The session was the latest action by civil society groups, activists, and tech companies calling on Congress to reject CISA for its anti-privacy provisions.

“CISA isn’t a cybersecurity bill,” Snowden wrote during the Q&A. “It’s not going to stop any attacks. It’s not going to make us any safer. It’s a surveillance bill.”

Supporters of CISA—including Sens. Dianne Feinstein (D-Calif.) and Richard Burr (R-N.C.)—say the bill would make it easier for tech companies to share data in cases of security breaches and other digital attacks. But critics say there aren’t enough safeguards in place to protect user privacy and the bill only works to serve intelligence agencies in domestic surveillance operations.

“What it allows is for the companies you interact with every day—visibly, like Facebook, or invisibly, like AT&T—to indiscriminately share private records about your interactions and activities with the government,” Snowden wrote on Monday. “CISA allows private companies to immediately share a perfect record of your private activities the instant you click a link, log in, make a purchase, and so on—and the government with reward for doing it by granting them a special form of legal immunity for their cooperation.”

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HOW BIG BUSINESS IS HELPING EXPAND NSA SURVEILLANCE, SNOWDEN BE DAMNED

HOW BIG BUSINESS IS HELPING EXPAND NSA SURVEILLANCE, SNOWDEN BE DAMNED

Since November 11, 2011, with the introduction of the Cyber Intelligence Sharing and Protection Act, American spy agencies have been pushing laws to encourage corporations to share more customer information. They repeatedly failed, thanks in part to NSA contractor Edward Snowden’s revelations of mass government surveillance. Then came Republican victories in last year’s midterm Congressional elections and a major push by corporate interests in favor of the legislation.

Today, the bill is back, largely unchanged, and if congressional insiders and the bill’s sponsors are to believed, the legislation could end up on President Obama’s desk as soon as this month. In another boon to the legislation, Obama is expected to reverse his past opposition and sign it, albeit in an amended and renamed form (CISPA is now CISA, the “Cybersecurity Information Sharing Act”). The reversal comes in the wake of high-profile hacks on JPMorgan Chase and Sony Pictures Entertainment. The bill has also benefitted greatly from lobbying by big business, which sees it as a way to cut costs and to shift some anti-hacking defenses onto the government.

For all its appeal to corporations, CISA represents a major new privacy threat to individual citizens. It lays the groundwork for corporations to feed massive amounts of communications to private consortiums and the federal government, a scale of cooperation even greater than that revealed by Snowden. The law also breaks new ground in suppressing pushback against privacy invasions; in exchange for channeling data to the government, businesses are granted broad legal immunity from privacy lawsuits — potentially leaving consumers without protection if companies break privacy promises that would otherwise keep information out of the hands of authorities.

 

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