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Health & Fitness

CISPA - Cyber-threat protection or Rights Violation?

CISPA is an Internet protection act that may not protect your privacy.

 

The Cyber Intelligence Sharing and Protection Act (CISPA) is Congress' latest attempt to protect the US against cyberattacks. Although it is important for the US to protect itself from legitimate threats CISPA opens a flood gate of privacy violations. 

 

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CISPA is to amend the National Security Act of 1947 adding measures relating to cyber threats and information sharing by means of the Internet. The act provides the government access to cyber information through means of vague language new broad definitions of Internet entities such as Facebok, Gmail, and other various "private-sector system(s)." This type of access can be deemed warrantless as it allows government agencies to request a person's private information, such as emails or web traffic history, from any of the companies used to keep said information, all in the name of cyber security. The act even allows for these types of searches to be done anonymously.

 

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These companies and providers are also granted immunity from any civil and criminal liability by CISPA. If AT&T were to provide the government with a log of text messages from a person's cell phone AT&T would face no legal repercussions. That person wouldn't even be allowed to sue AT&T for damages even if the he or she remained innocent. 

 

This act is a clear violation of the 4th amendment. 

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Technology and emails are even protected through the amendment by the rulings of Katz v United States (1967) and United States v. Warshak (2010).

 

As this is seemingly a clear violation of our rights and damaging to our Constitution it is important to ask our representatives to not support CISPA. CISPA recently passed in the House and is making its way to the Senate. Our newly elected representative Robin Kelly voted in favor of CISPA. I called her office to ask why she voted in favor of this bill. I was told that they didn't have an answer for me at this time because they are still setting up their office. I asked for a return phone call regarding her vote and I hope to have more information soon. I even called Senator Durbin and Senator Kirk's offices. I was only able to leave messages with them at the time imploring them to not support CISPA. I wasn't able to get a response from either of them as to whether they support the act or not. However, Senator Kirk sent me an email in March of 2012 stating that he was against such bills that invaded our privacy on the web. At the time the concern was with SOPA, a similar bill but not as threatening as it left companies open to criminal and civil liabilities. Hopefully Senator Kirk continues to stand strong against such invasions of privacy. 

 

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