RE: Smith Bill Raises Police Power Concerns

[InfoSec News <isn () c4i org>]

Forwarded from: "Huggins, Michael" <mhhuggins () firstcommand com>

The full documentation is worth reading if one has a chance go to the
committees home page and read all the documentation.  EPIC and others
scream infringement anytime someone tries to do what is for the good
of the whole. FIDNET was defeated by their liberal tirade.  Let's not
be one sided, use our minds to solve issues.

http://www.senate.gov/~gov_affairs/050802witness.htm


Michael H. Huggins
CISSP CTOC USN (ret)
First Command Information
Security Manager
817 569 2435


-----Original Message-----
From: InfoSec News [mailto:isn () c4i org] 
Sent: Monday, May 13, 2002 1:41 AM
To: isn () attrition org
Subject: [ISN] Smith Bill Raises Police Power Concerns 


Forwarded from: Bob <bob () globaldevelopment org>

http://dc.internet.com/news/print/0,,2101_1107691,00.html

By Roy Mark
dc.internet.com
10 May 2002

For Alan Davidson, the associate director of the Center for Democracy and
Technology, the greater issue involving H.R. 3482 -- the Cyber Security
Enhancement Act of 2001 -- is not increased surveillance of Internet users
by Internet service providers (ISPs), but, rather, giving greater police
powers to law enforcement agencies. The bill passed the House Judiciary
Committee Wednesday and now awaits a floor vote of the full membership.

Under current law, ISPs can face civil damages for disclosing user activity
unless that activity presents an immediate risk of death or physical injury.
Under H.R. 3482, sponsored by Rep. Lamar Smith
(R.-Tex.) ISPs would be able to report threats that are "not immediate" and
be protected from privacy violation lawsuits.

According to Davidson, who is also an adjunct professor at Georgetown
University's graduate program in communications, culture and technology, the
privacy threat to Internet users is more likely to come from law enforcement
agencies than from ISPs spying on users.

"What concerns me is that police will come to an ISP and claim an emergency
or a broad definition of an emergency and ISPs, being good citizens, will
voluntarily give them user information because they will be protected from
civil litigation," Davidson said.

The bill aims to better coordinate cyber security efforts between federal,
state and local agencies, make information more readily available to law
enforcement agencies and slap harsher penalties on cyber criminals.

[...]



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