Civil Liberties in the US
Remember all the howls of outrage over the Patriot Act in the US? Well welcome to the new Cybersecurity Act:
Now we have the Cybersecurity Act of 2009, which goes far beyond anything ever contemplated by the Bush administration. The most controversial provisions are Sec. 18 (2), which gives the President authority to shut down all or any portions of the internet that he may designate as “critical infrastructure information systems and networks,” and Sec. 14 (b)(1), which gives the Secretary of Commerce access to “all relevant data concerning such networks without regard to any provision of law, regulation, rule, or policy restricting such access.” Critics have interpreted this clause as giving the Secretary the ability to access, without any sort of search warrant, any internet communication. That looks like a reasonable interpretation, as long as the President has designated the network “critical infrastructure,” which he has unfettered (and unguided) discretion to do.
They quote the Washington Examiner:
Civilian libertarians were apoplectic over former President George W. Bush’s “warrantless wiretap” program, which sought to monitor communications from terrorist networks overseas. So why are they not screaming bloody murder now that President Barack Obama appears slated to receive unprecedented power to monitor all Internet traffic without a warrant and to even shut the system down completely on the pretext of national security? The Cybersecurity Act of 2009 – introduced by Senate Intelligence Committee chairman Jay Rockefeller, D-WV, and cosponsor Olympia Snowe, R-ME – bypasses all existing privacy laws and allows White House political operatives to tap into any online communication without a warrant, including banking, medical, and business records and personal e-mail conversations. This amounts to warrantless wiretaps on steroids, directed at U.S. citizens instead of foreign terrorists.
The EFF has added its voice to the opposition, and also has explicitly said that Obama’s position on illegal spying is “worse than Bush”.
Previously, the Bush Administration has argued that the U.S. possesses “sovereign immunity” from suit for conducting electronic surveillance that violates the Foreign Intelligence Surveillance Act (FISA). However, FISA is only one of several laws that restrict the government’s ability to wiretap. The Obama Administration goes two steps further than Bush did, and claims that the US PATRIOT Act also renders the U.S. immune from suit under the two remaining key federal surveillance laws: the Wiretap Act and the Stored Communications Act. Essentially, the Obama Adminstration has claimed that the government cannot be held accountable for illegal surveillance under any federal statutes.
Again, the gulf between Candidate Obama and President Obama is striking. As a candidate, Obama ran promising a new era of government transparency and accountability, an end to the Bush DOJ’s radical theories of executive power, and reform of the PATRIOT Act. But, this week, Obama’s own Department Of Justice has argued that, under the PATRIOT Act, the government shall be entirely unaccountable for surveilling Americans in violation of its own laws.
This isn’t change we can believe in. This is change for the worse.
So where are the front page stories on the NY Times? The CNN exposes?