I still haven't heard a single remotely plausible argument for why a kill switch is a good idea. What's the worst that a "cyber attack" can do? Take down the internet? So why do it for them?
Including text in the law forbidding the president from using it to prohibit citizen's communication is incredibly disingenuous, too, given that that's one of the main points of the constitution.
We already know the US government isn't allowed to do this kind of thing. So why give them the tools? If there's no tool there isn't even any temptation to use it.
We could split the difference and say "it tramples constitutional freedoms as generally understood as well as the overall principles of democracy but it's certainly already contained in one or another of the broad powers the executive has amassed over the years."
It feels like the distinction between law and "policy initiative" has been getting thinner and thinner lately given said broad power of the executive branch. This seems to be one of a number of laws which aren't so much passed to give the president new authority to do something but rather to ramp up a policy in a smooth and public fashion. The website seizure bill is another example - when the bill got bogged down, ICE just went out and proved they could do what they wanted regardless. The only cost is flack the government gets on all this.
A couple of years ago they announced something similar with GPS. On the same day two bits of government made announcements.
1, A massive funding for improved GPS security to prevent terrorists causing chaos by them blocking GPS signals.
2, An increase in the powers of everybody from the port authority to the girl guides to have a kill switch to shut down GPS if there was a threat of a terrorist attack.
> They said, however, that they'll make sure their forthcoming legislation "contains explicit language prohibiting the president from doing what President [Hosni] Mubarak did."
Oh great, I'm sure the Egyptians can testify as to how laws prevent leaders from doing bad things, especially in cases of emergency / unrest / whatever.
Good question. I do believe that laws matter. I'm just skeptical that they'll always prevent abuse by the leadership. Look how the Patriot Act invalidated many basic rights, rights that were enforced by laws. Now they want to reauthorize it. Can you blame me for being skeptical?
I'd rather give the government just enough power, rather than a large amount of power "just in case". In this specific case, I'd rather the president not have such a power, lest he decides to use it in an absurd way in the future. (e.g. America gets attacked again, like 9/11, president pushes button.) Especially since these laws are being proposed and voted on by people who think that shutting down the internet is the way to protect yourself from "cyber attacks", whatever that may mean. They are obviously unqualified to make such a decision, as is the president unqualified to decide when the button must be hit.
I imagine because enacting the law will create avenues that make 'killing the internet' easy. I.e. infrastructure will be put into place to enable it to be exercised at the push of a button.
I think it speaks to a fundamental misunderstanding of the technology, but to be fair, the proposal is not to grant the power to disable the Internet.
The proposal is to grant the power to partition the Internet. So, it would not be analogous to how Egypt disabled the Internet almost entirely within their borders. Depending on how you look at it, it's either a subtle distinction, or a huge difference. It still serves the exact same purpose (granting the power to shut down "troublesome" communication channels even if they are physically located outside the country). On the other hand, its activation would not in and of itself impact the vast majority of American citizens (because they only use U.S.-based sites).
Except that if you can partition it you can also take it down. Even if the world "kill switch" doesn't express their intent, it will still effectively be one.
Would you say that the Internet is "destroyed" whenever there's an earthquake or something that cuts trans-Atlantic cables? Would you say that it's "destroyed" by China's filtering?
Maybe they'll cite Independence Day, when our own satellite communication network was used against us. If the bad guys are using "our" Internet to communicate we should shut it down and evacuate everyone to Area 51 with the help of Will Smith and Jeff Goldblum.
I don't see the relevance of what you're saying? At best it is an attack on the man and not on what he's saying. If his arguments are incorrect, correct them. Don't smugly point out his work history as if it somehow contributed to the conversation.
What I don't understand is how it is acceptable to essentially "void" all the contracts for internet and point to point/transport (which would travel over the same fiber and routers) just because the gov't says so.
The entire idea of having a court system is to ensure justice in criminal issues and in civil issues, protect the enforcement of contracts. Somehow this is getting turned around.
Isn't that kinda the point? If <foreign government> launched a massive DDOS against US servers, you don't want people dithering over violating SLAs when they could be stopping the attack
But why is a massive DDOS against US servers an issue though? As long as critical infrastructure doesn't go down (i.e. you get what you deserve if your nuclear reactors are controlled via a publicly accessible telnet session, or if they can be DDOS'd at all) then the damage is minimal. It certainly doesn't warrant a military-level response.
The president is the commander-in-chief and this bill is about preventing 'cyber attacks' from outside of the country. That seems to be encroaching into 'military' territory in my book, even if there isn't a particular branch of the military involved.
I haven't seen any kind of justification for the provision making the president's hypothetical action immune from judicial review. And I can't think of any justification, either.
I'm actually OK with the bill aside from this provision.
(Worth noting, though, that the bill hasn't been reintroduced yet so we can't actually see that language... and CNET's source for this removal of judicial review appears to be a single lobbyist for companies opposed to the bill.)
Here's an idea: let's pick out one provision of the bill that sounds sketchy when summarized and whip ourselves into a massive rhetorical frenzy over it in lieu of reading so much as a word of the rest of it and considering ways it could be improved to better address the problems it is attempting to address.
Oh wait, you're way ahead of me, as usual. Stay classy, HN.
"A final decision in any appeal under this subsection shall be a final agency action that shall not be subject to judicial review." Section 254(c)(1); appears on pg. 402 of the linked draft.
I am against any law which contains those words. Other parts of the law are troubling to various degrees, but that single sentence is enough for me to know that I oppose this law.
considering that the Internet becomes an "additional, external, brain lobe" (how many of you remember things instead of looking it up everytime, or take for example Google voice/translate or any other traditional "brain" function that tomorrow will be transferred to and/or extended by Internet) - any government power on the Internet means government's power over your brain.
Because tomorrow the unconnected brain vs. connected will be like being a pedestrian vs. riding a car.
Of all the possible threats to a free Internet, the idea of a rogue US President shutting it off seems pretty far down the list. This is not something worth worrying about.
Any power given to the government is something to worry about. Any power given will eventually be used, and not always the way we thought it would when we gave it.
"No, it's fine, we're good guys, we won't abuse these powers."
Benevolent rule is still rule. And the risks of centralized power being wielded by a benevolent authority falling into the hands of a malicious authority is very real and should never be ignored.
the reason for this bill are a bit somewhat false..
Note, to date the number one entity skilled and reacting fast to cyber attacks on Net infrastructure has been commerce not government. In government has shown to be poor performer in this area.
It would not surprise me if this bill was being lobbied by MPAA/RIAA
Including text in the law forbidding the president from using it to prohibit citizen's communication is incredibly disingenuous, too, given that that's one of the main points of the constitution.
We already know the US government isn't allowed to do this kind of thing. So why give them the tools? If there's no tool there isn't even any temptation to use it.