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Bill would give president emergency control of Internet
CNET ^ | August 28, 2009 12:34 AM PDT | Declan McCullagh

Posted on 08/28/2009 8:13:33 AM PDT by Ernest_at_the_Beach

Internet companies and civil liberties groups were alarmed this spring when a U.S. Senate bill proposed handing the White House the power to disconnect private-sector computers from the Internet.

They're not much happier about a revised version that aides to Sen. Jay Rockefeller, a West Virginia Democrat, have spent months drafting behind closed doors. CNET News has obtained a copy of the 55-page draft (excerpt), which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency.

The new version would allow the president to "declare a cybersecurity emergency" relating to "non-governmental" computer networks and do what's necessary to respond to the threat. Other sections of the proposal include a federal certification program for "cybersecurity professionals," and a requirement that certain computer systems and networks in the private sector be managed by people who have been awarded that license.

"I think the redraft, while improved, remains troubling due to its vagueness," said Larry Clinton, president of the Internet Security Alliance, which counts representatives of Verizon, Verisign, Nortel, and Carnegie Mellon University on its board. "It is unclear what authority Sen. Rockefeller thinks is necessary over the private sector. Unless this is clarified, we cannot properly analyze, let alone support the bill."

Representatives of other large Internet and telecommunications companies expressed concerns about the bill in a teleconference with Rockefeller's aides this week, but were not immediately available for interviews on Thursday.

A spokesman for Rockefeller also declined to comment on the record Thursday, saying that many people were unavailable because of the summer recess. A Senate source familiar with the bill compared the president's power to take control of portions of the Internet to what President Bush did when grounding all aircraft on Sept. 11, 2001. The source said that one primary concern was the electrical grid, and what would happen if it were attacked from a broadband connection.

When Rockefeller, the chairman of the Senate Commerce committee, and Olympia Snowe (R-Maine) introduced the original bill in April, they claimed it was vital to protect national cybersecurity. "We must protect our critical infrastructure at all costs--from our water to our electricity, to banking, traffic lights and electronic health records," Rockefeller said.

The Rockefeller proposal plays out against a broader concern in Washington, D.C., about the government's role in cybersecurity. In May, President Obama acknowledged that the government is "not as prepared" as it should be to respond to disruptions and announced that a new cybersecurity coordinator position would be created inside the White House staff. Three months later, that post remains empty, one top cybersecurity aide has quit, and some wags have begun to wonder why a government that receives failing marks on cybersecurity should be trusted to instruct the private sector what to do.

Rockefeller's revised legislation seeks to reshuffle the way the federal government addresses the topic. It requires a "cybersecurity workforce plan" from every federal agency, a "dashboard" pilot project, measurements of hiring effectiveness, and the implementation of a "comprehensive national cybersecurity strategy" in six months--even though its mandatory legal review will take a year to complete.

The privacy implications of sweeping changes implemented before the legal review is finished worry Lee Tien, a senior staff attorney with the Electronic Frontier Foundation in San Francisco. "As soon as you're saying that the federal government is going to be exercising this kind of power over private networks, it's going to be a really big issue," he says.

Probably the most controversial language begins in Section 201, which permits the president to "direct the national response to the cyber threat" if necessary for "the national defense and security." The White House is supposed to engage in "periodic mapping" of private networks deemed to be critical, and those companies "shall share" requested information with the federal government. ("Cyber" is defined as anything having to do with the Internet, telecommunications, computers, or computer networks.)

"The language has changed but it doesn't contain any real additional limits," EFF's Tien says. "It simply switches the more direct and obvious language they had originally to the more ambiguous (version)...The designation of what is a critical infrastructure system or network as far as I can tell has no specific process. There's no provision for any administrative process or review. That's where the problems seem to start. And then you have the amorphous powers that go along with it."

Translation: If your company is deemed "critical," a new set of regulations kick in involving who you can hire, what information you must disclose, and when the government would exercise control over your computers or network.

The Internet Security Alliance's Clinton adds that his group is "supportive of increased federal involvement to enhance cyber security, but we believe that the wrong approach, as embodied in this bill as introduced, will be counterproductive both from an national economic and national secuity perspective."


TOPICS: Breaking News; Business/Economy; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: 1000czars; 111th; agenda; bho44; brownshirts; censorship; cybersecurity; czars; democrats; firstamendment; freespeech; gestapomethods; internet; internetbrownshirts; internetsecurity; lping; martiallaw; obama; powergrab; rockefeller; s773; shallnotbeinfringed
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To: DownInFlames
The youngsters and geezers will burn DC before I will have a chance to get there.

Jeeze, don't be so middle of the road, or feel left out. :)

We won't burn anything except butts and virtual bridges either, at least I hope we won't (have to). (geezer here btw)

But, yup, DC may take on more than they realize. There is that 'the enemy of my enemy is my ally' thingy.

221 posted on 08/28/2009 10:57:59 AM PDT by This_far
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To: All

Seriously, we have all got to have a contingency plan of how to get in touch with oneanother if the internet is suddenly wiped out.


222 posted on 08/28/2009 10:59:39 AM PDT by ync1994
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To: Leftism is Mentally Deranged
The internet is not in one central location

The US Department of Commerce's National Telecommunications and Information Administration doesn't control the DNS Root?

223 posted on 08/28/2009 11:00:45 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: Ernest_at_the_Beach

Why is this not even slightly surprising.


224 posted on 08/28/2009 11:01:12 AM PDT by Lazamataz (It's Claire Wolfe Time.)
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To: Ernest_at_the_Beach
If “The pen is mightier than the sword”, then what do you think a Totalitarian in the 21 Century could do thru enslavement of the Internet as his Tool of choice?

If America is OK with the possibility of 0bama gaining such a power, then the America I once knew no longer exists.

225 posted on 08/28/2009 11:02:04 AM PDT by R0CK3T
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To: ctdonath2
Mapping the Internet

Routing traffic through peer-to-peer networks could stave off Internet congestion, according to a new study.

MIT Technology Review

http://www.technologyreview.com/read_article.aspx?id=18944&a=f

The researchers' results depict the Internet as consisting of a dense core of 80 or so critical nodes surrounded by an outer shell of 5,000 sparsely connected, isolated nodes that are very much dependent upon this core. Separating the core from the outer shell are approximately 15,000 peer-connected and self-sufficient nodes.

Take away the core, and an interesting thing happens: about 30 percent of the nodes from the outer shell become completely cut off. But the remaining 70 percent can continue communicating because the middle region has enough peer-connected nodes to bypass the core.

With the core connected, any node is able to communicate with any other node within about four links. "If the core is removed, it takes about seven or eight links," says Carmi. It's a slower trip, but the data still gets there. Carmi believes we should take advantage of these alternate pathways to try to stop the core of the Internet from clogging up. "It can improve the efficiency of the Internet because the core would be less congested," he says.

226 posted on 08/28/2009 11:07:40 AM PDT by angkor (The U.S. Congress is at war with America.)
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To: maggief

McCain is absolutely complicit. Look into his relationship with George Soros, which dates back to 2000 and the “Shadow Convention” and goes through 2005 and The Reform Institute. There can be no other explanation for such an alliance. Soros has always been a monster. And McCain knew enough to break free of him just prior to the campaign for the 2008 GOP nomination.

What’s in it for him is a seat at the table, the perks of being part of a permanent ruling class and security for his family. And for McCain, he gets the added bonus of getting revenge on conservatives who shunned him in the 2000 primary. A crusade even his daughter is now a part of.


227 posted on 08/28/2009 11:08:22 AM PDT by WhistlingPastTheGraveyard (Some men just want to watch the world burn.)
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To: MrB; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; MeekOneGOP; ...

#34.

http://www.freerepublic.com/focus/f-news/2326614/posts?page=34#34


228 posted on 08/28/2009 11:09:15 AM PDT by LucyT (........... R. I. P. Mary Jo. ..........)
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To: GodGunsGuts

Thanks for the ping!


229 posted on 08/28/2009 11:11:24 AM PDT by Alamo-Girl
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To: KevinDavis

His response should be interesting!

Let’s see if he addresses the issue or dances around it.


230 posted on 08/28/2009 11:11:41 AM PDT by airborne (Don't let history record that, when faced with evil, you did nothing!)
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To: edge10
“But, but... I thought it was ‘Evil Republicans’ that were the threat to our liberties?/s”

Yes, because when democrats take away your civil liberties it is for your own good. After all, they are good and kind-hearted and know what is best for everyone. (scary, but some people actually to some extent believe this).

231 posted on 08/28/2009 11:11:47 AM PDT by pieceofthepuzzle
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To: Ernest_at_the_Beach; All

You’ll start to see hoarding of computer equipment much the same as you have seen the hoarding of guns and ammo!

They’re just trying to stimulate the economy!


232 posted on 08/28/2009 11:14:31 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: SilvieWaldorfMD; SE Mom

Way to go!


233 posted on 08/28/2009 11:14:48 AM PDT by Ernest_at_the_Beach (Support Geert Wilders)
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To: Puppage
Define: emergency & threat

Anything the boy king thinks is "racist"

234 posted on 08/28/2009 11:15:07 AM PDT by antivenom (Uhbama sides with Gates: Due to Color, not the facts, nothing more racist than that!)
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To: SE Mom

Cabela’s has 12 month zero interest financing on Ruger’s FWIW. Not my fav.....but very utilitarian.


235 posted on 08/28/2009 11:15:53 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: SE Mom

At this point, Obama’s lawlessness and criminal Abuse Of Power is IN YOUR FACE!!

He and his democrat marxist minions fear no-one. Why should they? They control everything...including the media.

This reminds me of the years leading up to 911. Clinton’s administration was so ‘fearful’ of ‘cyber attacks’...they plotted all sorts of ways to use that drummed up fear to get control.

Meanwhile AQ was planning on killing thousands of people with airplanes,box cutters, anthrax and WMD. Go figure.


236 posted on 08/28/2009 11:16:29 AM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: MrB

They will get one cheap revolver and an old beat up 12 gauge. The rest were sold or lost due to water damage. They can tear my house down and dig up my entire property, they will find nothing.
Jut in case this really happens, everyone should have passports and a get away plan in case it’s impossible to re-organize here.If you can get to Canada, Mexico, Panama, Uraguay, Bahamas, etc. at least you can re-establish communications and organize.
I honestly think if he ever tries that, the military will step in and take control, just like they did in Honduras.


237 posted on 08/28/2009 11:16:54 AM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: 2 Kool 2 Be 4-Gotten

Why is it that whenever there is a steaming pile of crap, Jay Rockefeller is always somehow right nearby? This guy is bigtime trouble.
_________________
Yep! It seems many of us shouldn’t have laughed at Alex Jones and Ron Paul. In the end, they may have been right.


238 posted on 08/28/2009 11:18:24 AM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: jongaltsr

So..what are you gonna do about it? Sit here on FreeRep and whine and complain or actually storm the white house?

Talk is cheap.


239 posted on 08/28/2009 11:22:46 AM PDT by Soothesayer9
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To: ync1994
Remember, Rome tried to wipe out Christianity at it's birth.
Christianity survived.
However, Obama and the new world order is the New Revised Roman Empire.
240 posted on 08/28/2009 11:23:33 AM PDT by American Constitutionalist
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