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Senate Committee to Modify Cybersecurity Act Print E-mail
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Tuesday, 30 June 2009

By Cara Garretson

Supporters of a bill introduced in April, designed to give the president certain powers over the Internet during times of crisis, hope the proposal will be brought to a committee vote in July. However, a staffer last week acknowledged that the bill will need some rewording regarding the power it gives the president during high-tech attacks.

In April, Sen. John (Jay) Rockefeller, a Democrat from West Virginia, introduced the Cybersecurity Act of 2009, which would give President Barack Obama the power to effectively shut down portions of the Internet during a cyber crisis. The bill was introduced with Sen. Olympia Snowe, a Republican from Maine.

According to the bill, 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 bill would also allow the president to order the disconnection of any federal or national critical infrastructure information system or network in the interest of national security.

While Rockefeller is hoping the bill will come to a vote next month in the Senate Commerce Committee, which he chairs, a Congressional staff member last Friday acknowledged that the bill may need to undergo changes and possibly another committee hearing, according to CongressDaily.

During an event held at Google's Washington office on Friday, Ellen Doneski, chief of staff of the Senate Commerce Committee, said the committee is working with members of the technology industry and other members of the government to make the bill's language regarding shutting down parts of the Internet more palatable. The event was part of Google's ongoing 'Google D.C. Talks' series.

Criticism of the bill came quickly after its April introduction, as observers questioned how exactly the president would be able to shut down portions of the Internet that are operated by non-government entities, and what the privacy implications of such authority would be.

According to Jennifer Granick, civil liberties director with the Electronic Frontier Foundation (EFF) -- an organization that says it champions public interest in battles regarding digital rights -- the bill in its original form would give the president unprecedented power over the Internet without ensuring greater security than what the Internet has today.

"Since many of our critical infrastructure systems (banks, telecommunications, energy) are in the hands of the private sector, the bill would create a major shift of power away from users and companies to the federal government," said Granick in a commentary posted on EFF's Web site in April. "This is a potentially dangerous approach that favors the dramatic over the sober response."

On Friday, Doneski explained that the bill's wording regarding the president's authority during a cybersecurity crisis was designed to clearly designate who has the ultimate constitutional authority to protect the country during such a time.

In May, President Obama disclosed plans to select a cybersecurity coordinator who is to direct national security policy, although the post remains unfilled.




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