Homeland Security Bill Raises Net Privacy Issues

["H. Morrow Long" <morrow.long () YALE EDU>]

http://story.news.yahoo.com/news?tmpl=story2&cid=581&u=/nm/20021116/tc_nm/tech_homeland_dc&printer=1
Homeland Security Bill Raises Net Privacy Issues
Sat Nov 16,10:09 AM ET  Add Technology - Reuters to My Yahoo!


By Andy Sullivan

WASHINGTON (Reuters) - Computer hackers could face life in prison and Internet users would face greater scrutiny under 
a proposal to create a U.S. Department of Homeland Security, which could pass Congress as early as Monday.



Privacy advocates worry that the bill, one of President Bush (news - web sites)'s top priorities, could weaken 
open-government laws while at the same time making it easier for the government to delve into citizens' private lives.


Lawmakers have agreed on the need for a mammoth anti-terror agency to defend against an unconventional foe who moves in 
secrecy among innocent civilians.


Debate on the sweeping homeland security bill has largely focused on the right of its employees to unionize, and 
supposed special-interest giveaways inserted at the last minute.


But buried deep in the 500-page bill are several provisions that could have lasting effects on computer security and 
Internet privacy.


Contrary to some published reports, the bill contains no authorization for a comprehensive data-mining effort proposed 
by the Pentagon (news - web sites) that would break down long-established barriers against domestic surveillance.


But the proposed agency would combine several surveillance efforts under one roof, from airline-passenger screening 
programs to immigration databases and criminal financial investigations. A office would oversee and coordinate their 
efforts.


"There are all these different information-gathering programs, and presumably (the office) is going to be in a position to sweep 
them into a pot and try to do something with them, and that's a major privacy concern," said Alan Davidson, an assistant 
director at the watchdog Center for Democracy and Technology.


Boosters point out that the bill also appoints a privacy officer to keep abuses in check.


"If anything, what we're talking about is the status quo getting a little better," said Richard Diamond, a spokesman 
for House Majority Leader Dick Armey.


HOUSE ADDS CYBERCRIME MEASURE

The House added a measure that would boost penalties for cybercrimes and make it easier for Internet providers to 
report suspicious activity on their networks. Hackers could face life in prison if their activities were found to put 
human lives at risk, while Internet providers could hand over logs of customer activity without fear of lawsuits.

The measure was originally passed by the House as a stand-alone bill in May, but the Senate did not take it up.

The bill also carves out an exemption in open-government laws so that companies who report cyberattacks on their 
computer networks would not face public exposure. Business groups have long lobbied for the change, saying valuable 
business secrets could be exposed through the Freedom of Information Act.

Privacy advocates say the change is unnecessary and will allow businesses to "park" unrelated information that may be 
of public interest. A power plant could use the exemption to hide emissions data, for example.

"It's going to be a boon to businesses that want to hide embarrassing facts," said Chris Hoofnagle, an analyst with the 
Electronic Privacy Information Center.

Diamond countered that the provision will not allow companies to hide information -- such as emissions data -- that 
must otherwise be made public.

"If the EPA requires them to report on pollution, then this provision and this bill do not change that," he said.

Senate Democrats will seek to scratch many of the changes made by the House on Monday morning, but congressional aides 
said they did not know if any of the tech provisions would be targeted. If they succeed, the House will have to return 
to Washington to address the bill again

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