Senate Bill S.773 on Cyber Security

Folks,

Many of you may be unaware of Senate Bill S.773 on Cyber Security. The web link below will lead you to that bill.

http://thomas.loc.gov/cgi-bin/query/z?c111:S.773:

What is disturbing in this bill (however well intentioned it might seem to be) is the power given to the President in articles (2) and (6) of section 18:

[The President] may declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal Government or United States critical infrastructure information system or network;

[The President] may order the disconnection of any Federal Government or United States critical infrastructure information systems or networks in the interest of national security;

Article (3) of section 23 gives the following definition to critical infrastructure, and under this definition, critical infrastructure can be whatever non-governmental information systems the President thinks is critical (e.g., non-government information systems that oppose his politics and policies without actually representing a cyber security risk) ; that's why this is so disturbing.

(3) FEDERAL GOVERNMENT AND UNITED STATES CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS AND NETWORKS- The term `Federal Government and United States critical infrastructure information systems and networks' includes--
(A) Federal Government information systems and networks; and
(B) State, local, and nongovernmental information systems and networks in the United States designated by the President as critical infrastructure information systems and networks.

What this means in simple language is this: if the President perceives your web site to be damaging to him, then he can state that it is "critical" and has the authority to muzzle you and treat you as a criminal, and there is nothing you can do about it.

As Thomas Jefferson wrote so eloquently some 200 years ago:

“If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.”

“Experience hath shewn, that even under the best forms (of government) those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”

But I like 1st Samuel 8:6-9 best:

Samuel was displeased when they asked for a king to judge them. He prayed to the LORD, however, who said in answer: "Grant the people's every request. It is not you they reject, they are rejecting me as their king. As they have treated me constantly from the day I brought them up from Egypt to this day, deserting me and worshiping strange gods, so do they treat you too. Now grant their request; but at the same time, warn them solemnly and inform them of the rights of the king who will rule them."