Category: Action

Cross posted from The Stars Hollow Gazette

The controversial data sharing bill, Cyber Intelligence Sharing and Protection Act (CISPA) was passed by the House by a vote of 288 – 127, as 92 Democrats voted for the bill, while 29 Republicans voted against it. The bill passed without the privacy protections that civil liberties advocates felt were necessary, an objection that was echoed by the White House with a veto threat earlier this week. An attempt by the lead sponsors of the bill, Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.), offered an amendment to mollify the objections but privacy advocates stated that it fell short of what was needed to safeguard an individual’s right to privacy.

Amendments that were proposed to protect Fourth Amendment rights were not even allowed debate by the rules committee:

Rep. Alan Grayson, a Florida Democrat, proposed a one-sentence amendment (PDF) that would have required the National Security Agency, the FBI, Homeland Security, and other agencies to secure a “warrant obtained in accordance with the Fourth Amendment” before searching a database for evidence of criminal wrongdoing.

Grayson complained this morning on Twitter that House Republicans “wouldn’t even allow debate on requiring a warrant before a search.” [..]

CISPA is controversial because it overrules all existing federal and state laws by saying “notwithstanding any other provision of law,” including privacy policies and wiretap laws, companies may share cybersecurity-related information “with any other entity, including the federal government.” It would not, however, require them to do so. [..]

Because Grayson’s amendment was not permitted, CISPA will allow the federal government to compile a database of information shared by private companies and search that information for possible violations of hundreds, if not thousands, of criminal laws. [..]

“The government could use this information to investigate gun shows” and football games because of the threat of serious bodily harm if accidents occurred, Polis said. “What do these things even have to do with cybersecurity?… From football to gun show organizing, you’re really far afield.”

At the heart of CISPA is warrantless searches a clear violation of the Fourth Amendment which reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This has had a strange effect of uniting the left and right in the opposition to the bill. The Tea Party aligned group Freedom Works issued this statement:

CISPA would allow for more information sharing between the private sector and the federal government regarding cyber security. Although this year’s CISPA is a net improvement over last year’s bill, it still leaves open concerns about private information being shared in the name of national security.

There are grave Fourth Amendment concerns with CISPA. The bill would override existing privacy laws to allow companies to share “cyber threat information” with the federal government without making any reasonable effort to strip out any personal information from the file.

They even have a site to actively Stop CISPA along with the ACLU and the Electronic Freedom Foundation. Strange bedfellows, indeed.

Passage in the Senate without addition of privacy protections is doubtful but one never knows:

The discussion now shifts to the Democrat-controlled Senate, which appears unlikely to act on the legislation in the wake of a presidential veto threat earlier this week, and an executive order in January that may reduce the need for new legislation. Today’s House vote, on the other hand, could increase pressure on the Senate to enact some sort of legislation.

Sen. John Rockefeller, a West Virginia Democrat who was involved in last year’s cybersecurity debate, said after today’s vote that “CISPA’s privacy protections are insufficient.” Still, Rockefeller said, “I believe we can gain bipartisan agreement on bills that we can report out of our committees and allow [Majority Leader Harry Reid] to bring them to the Senate floor as early as possible.”

We urge everyone to keep the pressure on the Senate and the White House by calling and e-mailing your objections:

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

The White House email address is here

Numbers for the Senate are here.

E-mail addresses for the Senate are here

Please be polite and on point.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”.

Contact the White House and your Senators to protect your privacy rights.

Cross posted Messing With the Wrong City] from [The Stars Hollow Gazette

Time to take action. As I reported last week the Cyber Intelligence Sharing and Protection Act(CISPA) was sent to the House for a vote.

From an e-mail that Joan McCarter at Daily Kos posted the e-mail from the White House issuing a veto threat of the bill as it currently stands:

The Administration recognizes and appreciates that the House Permanent Select Committee on Intelligence (HPSCI) adopted several amendments to H.R. 624 in an effort to incorporate the Administration’s important substantive concerns. However, the Administration still seeks additional improvements and if the bill, as currently crafted, were presented to the President, his senior advisors would recommend that he veto the bill. The Administration seeks to build upon the continuing dialogue with the HPSCI and stands ready to work with members of Congress to incorporate our core priorities to produce cybersecurity information sharing legislation that addresses these critical issues.

H.R. 624 appropriately requires the Federal Government to protect privacy when handling cybersecurity information. Importantly, the Committee removed the broad national security exemption, which significantly weakened the restrictions on how this information could be used by the government. The Administration, however, remains concerned that the bill does not require private entities to take reasonable steps to remove irrelevant personal information when sending cybersecurity data to the government or other private sector entities. Citizens have a right to know that corporations will be held accountable-and not granted immunity-for failing

to safeguard personal information adequately. [emphasis in original]

House Democrats are now rallying in opposition to the bill:

Four Democratic members say the Cyber Intelligence Sharing and Protection Act, or CISPA, as written “would undermine the interests of citizens and their privacy” despite the addition of five privacy-focused amendments adopted to the bill last week. They argue that the amendments do not go far enough to ease their concerns.

“Without further amendments to protect privacy and civil liberties, we cannot support the bill,” the House Democratic lawmakers write in the “Dear Colleague” letter.

“The bill has improved from earlier versions, but even with the amendments adopted, CISPA unacceptably and unnecessarily compromises the privacy interests of Americans online,” they add.

Reps. Adam Schiff (D-Calif.), Jan Schakowsky (D-Ill.), Anna Eshoo (D-Calif.) and Rush Holt (D-N.J.) signed the letter.

The House Rules Committee will meet on Tuesday afternoon to approve the rule for the bill, which will determine what amendments will be voted on in the House later this week. House members have until Tuesday morning to file their proposed amendments to the bill.

There are twelve Democratic co-sponsors to the bill. We need to send tell them to withdraw their support:

Ruppersberger, A. Dutch [D-MD2]

Costa, Jim [D-CA16]

Cuellar, Henry [D-TX28]

Enyart, William [D-IL12]

Gutierrez, Luis [D-IL4]

Hastings, Alcee [D-FL20]

Kilmer, Derek [D-WA6]

Lipinski, Daniel [D-IL3]

Peters, Scott [D-CA52]

Sewell, Terri [D-AL7]

Sinema, Kyrsten [D-AZ9]

Vargas, Juan [D-CA51]

The Electronic Freedom Foundation (EEF) is urging action:

The Cyber Intelligence Sharing and Protection Act (CISPA) is supposed to promote cybersecurity- a goal EFF wholeheartedly supports – but it doesn’t address common-sense network security issues. Instead, it creates a new, dangerous exception to existing privacy laws. That’s why hundreds of thousands of concerned Internet users have joined EFF and other civil liberties groups in opposing the bill. This is our last chance to stop it in the House.

Despite recent amendments, CISPA still features vague language that could put your personal information in the hands of military organizations like the National Security Agency.

Can you call your representative and tell him or her to oppose this bill?  We’ll give you the phone number for your representative and a very brief suggested script. Click here to call Congress now.

Not in the United States? Click here to sign our petition.

We want to generate thousands of calls between now and the vote-likely on Thursday.  Please call now and then tell your friends to speak out on this important issue. It’s as easy as posting this on your social networking accounts:

   Congress is about to vote on CISPA. If you care about online privacy, you’ve got to speak out now:  https://eff.org/r.5bPw

You can also use Twitter tool to tell key members of Congress to stand up for your privacy and vote NO on CISPA.

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

Numbers for the Senate are here.

Numbers for the House are here.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”.

Call the White House and your representatives to protect your privacy rights.

Cross posted from The Stars Hollow Gazette

Last month the controversial Cyber Intelligence Sharing and Protection Act (CISPA) was resurrected in the House by Reps. Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.).

Following a closed-door meeting, the bill was voted out of the House Intelligence Committee Wednesday afternoon by a vote of 18-to-2 and privacy experts are up in arms over the lack of privacy protection that were stripped from the bill. Only two Democrats voted against the bi;;, Rep. Jan Schakowsky (D-IL) and  Rep. Adam Schiff (D-CA).

Stopping short of a veto threat, the White House said it was unlikely to support the bill

by Leigh Beadon, Techdirt

Here’s the full text of the statement from {Caitlin Hayden, a National Security Council spokeswoman):

“We continue to believe that information sharing improvements are essential to effective legislation, but they must include privacy and civil liberties protections, reinforce the roles of civilian and intelligence agencies, and include targeted liability protections. The Administration seeks to build upon the productive dialogue with Chairman Rogers and Ranking Member Ruppersberger over the last several months, and the Administration looks forward to continuing to work with them to ensure that any cybersecurity legislation reflects these principles. Further,

we believe the adopted committee amendments reflect a good faith-effort to incorporate some of the Administration’s important substantive concerns, but we do not believe these changes have addressed some outstanding fundamental priorities

.”

Where have we heard this before? FISA? The Patriot Act?

CISPA Amendment Proves Everyone’s Fears Were Justified While Failing To Assuage Them

Just this week, Rep. Rogers flatly stated this is not a surveillance bill. Still, in an attempt to placate the opposition, they backed an amendment (pdf and embedded below) from Rep. Hines replacing that paragraph, which passed in the markup phase. Here’s the new text:

   PRIVACY AND CIVIL LIBERTIES.-

   (A) POLICIES AND PROCEDURES.-The Director of National Intelligence, in consultation with the Secretary of Homeland Security and the Attorney General, shall establish and periodically review policies and procedures governing the receipt, retention, use, and disclosure of non-publicly available cyber threat information shared with the Federal Government in accordance with paragraph (1). Such policies and procedures shall, consistent with the need to protect systems and networks from cyber threats and mitigate cyber threats in a timely manner-

   (i) minimize the impact on privacy and civil liberties;

   (ii) reasonably limit the receipt, retention, use, and disclosure of cyber threat information associated with specific persons that is not necessary to protect systems or networks from cyber threats or mitigate cyber threats in a timely manner;

   (iii) include requirements to safeguard non-publicly available cyber threat information that may be used to identify specific persons from unauthorized access or acquisition;

   (iv) protect the confidentiality of cyber threat information associated with specific persons to the greatest extent practicable; and

   (v) not delay or impede the flow of cyber threat information necessary to defend against or mitigate a cyber threat.

It seems to me they are hoping that by making the section longer and more complicated, people will miss the fact that very little has changed. But what’s truly astonishing is that this new text reads like a confession that CISPA does involve all the stuff that they’ve been insisting it has nothing to do with.

The big thing, of course, is that this oversight now involves civilian agencies, which is really the only meaningful change – and its impact has been rather minimized. Rather than putting the DHS or another agency in between the public and military agencies like the NSA, they’ve simply given them some input – and it’s hard to say how meaningful that input will be.

The Privacy Risks of CISPA

by Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office

Reports of significant data breaches make headlines ever more frequently, but lost in the cloak and dagger stories of cyberespionage is the impact proposed cybersecurity programs can have on privacy. The same Internet that terrorists, spies and criminals exploit for nefarious purposes is the same Internet we all use daily for intensely private but totally innocuous purposes.

Unfortunately, in their pursuit to protect America’s critical infrastructure and trade secrets, some lawmakers are pushing a dangerous bill that would threaten Americans’ privacy while immunizing companies from any liability should that cyberinformation-sharing cause harm. [..]

Here’s what needs to happen. First, CISPA needs to be amended to clarify that civilians are in charge of information collection for cybersecurity purposes, period. Anything short of that is a fundamental failure. Second, the bill needs to narrow the definition of what can be shared specifically to say that companies can only share information necessary to address cyberthreats after making reasonable efforts to strip personally identifiable information. Industry witnesses before the House Intelligence and Homeland Security committees testified this year that this is workable, and such information isn’t even necessary to combat cyberthreats. Third, after sharing, CISPA information should be used only by government and corporate actors for cybersecurity purposes. As a corollary to that, there should be strict and aggressive minimization procedures to protect any sensitive data that slips through.

The ACLU and the Electronic Freedom Foundation (EFF) have banded together to Stop CISPA. The petitions with over 100,000 signatures has been delivered to the White House. Now we need to get to the phones.

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

Numbers for the Senate are here.

Numbers for the House are here.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”. Call the White House and your representatives to protect your privacy rights.

Cross posted from The Stars Hollow Gazette

President Obama formerly released his budget for 2014. As, expected it contained the cuts to Social Security and Medicare that have are an anathema to the left. As has been pointed out before on this site, these proposals for the sake a few dollars in revenue increases and a paltry $50 billion investment for infrastructure improvement. That is bad policy and even worse politics. If you don’t believe that, well here is a sample of the criticism from the right:

Americans for Tax Reform, the advocacy group that asks lawmakers to sign a formal “Taxpayer Protection Pledge,” said Tuesday that chained CPI violates the pledge.

“Chained CPI as a stand-alone measure (that is, not paired with tax relief of equal or greater size) is a tax increase and a Taxpayer Protection Pledge violation,” the group said in a blog post.

Anti-tax crusader Grover Norquist, leader of the organization, criticized the policy via Twitter on Wednesday. “Chained CPI is a very large tax hike over time,” Norquist wrote. “Hence Democrat interest in same.”

The Congressional Budget Office estimates (pdf) that chained CPI would reduce Social Security spending by $127 billion and increase tax revenue by $123 billion over 10 years.

When asked Friday if chained CPI represents a tax hike on the middle class, White House spokesman Jay Carney said, “I’m not disputing that.“

Can you hear the political ads attacking Democrats with this? So much for electoral victory in 2014, Obama just sold that prospect for what? Trying to make the point that Republicans are intransigent? American already know that. A few dollars of revenue from tax reforms that will be changed the first chance the Republicans get, like the debt ceiling hostage situation? We seen this scene played out how many times with Obama caving to Republican demands because some vague fear about the economy.

Predictably the left is outraged and there are threats from left wing organizations to primary any Democrat who votes for chained CPI.

A party rift on Obama budget

Warren joins lawmakers in criticizing Obama budget

A coalition of prominent Democrats, including many from New England, slammed President Obama’s $3.8 trillion budget blueprint Wednesday for its proposed changes to the Social Security payment formula and Medicare, opening a widening rift between the president and members of his own party.

Senator Elizabeth Warren of Massachusetts said she was shocked by Obama’s proposal to recalculate the cost of living adjustment for Social Security beneficiaries by linking it to a different version of the Consumer Price Index, known as the “chained CPI.” [..]

“In short, ‘chained CPI’ is just a fancy way to say ‘cut benefits for seniors, the permanently disabled, and orphans,'” Warren fired off in an e-mail to supporters. She related the experience of her brother, David Herring, a military veteran and former small business owner who lives on monthly Social Security checks of $1,100. “Our Social Security system is critical to protecting middle-class families,” she wrote, “and we cannot allow it to be dismantled inch by inch.” [..]

Representative Edward Markey of Massachusetts called “chained CPI” an abbreviation for “Cutting People’s Income, a wrong-headed change that would go back on the promise we make to our senior citizens.”

“Tea Party Republicans may have pushed the president into many of these difficult decisions, but it still does not make this budget right nor fair, especially for those Americans who need help the most,” Markey said.

MSNBC’s All In host Chris Hayes discussed the chained CPI with Sen. Jeff Merkley (D-OR), Jonathan Alter, Heather McGhee, and Mattie Duppler, Americans for Tax Reform.

This a direct attack by a Democratic president on our earned benefits. Time to start calling and don’t stop until this deal is dead and buried.

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

Numbers for the Senate are here.

Numbers for the House are here.

h/t Susie Madrak at Crooks and Liars

Cross posted from The Stars Hollow Gazette

A rider to protect the biotech giant Monsanto from litigation was anonymously slipped into the bill, HR933, that averted the shut down have the government and signed into law by Pres. Barack Obama. The rider, known as the “Monsanto Protection Act,” has ignited a firestorm of protests not just from food safety advocates and environmentalists but from the right wing as well. Much of the ire has been directed at Sen. Barbara Mikulski (D-MD), chairwoman of the Senate Appropriations Committee, for not drawing attention to the rider. According the Amy Goodman, at Democracy Now, the rider was written by Sen. Roy Blunt (R-MO) with Monsanto’s help and initially was backed by Sen. John Tester (D-MT), who realizing the pernicious aspects of the rider to farmers, attempted to have it removed from the bill before it was passed. Sen. Tester failed to get the rider removed. The bill passed with the rider intact and was signed into law by Pres. Obama. On the bright side of this, the rider is temporary since the act expired in six months. It does raise wider issues of genetically modified organisms (GMO), their safety and protecting the food chain as opposed to protecting the right of a multinational corporation that wants to dominate and control food through seed supplies.

Ms. Goodman and her co-host, Aaron Maté. discuss the “Monsanto Protection Act” and the safety of genetically modified foods with two guests: Gregory Jaffe, director of the Biotechnology Project at the Center for Science in the Public Interest, a nonprofit consumer advocacy organization that addresses food and nutrition issues; and Wenonah Hauter, executive director of Food & Water Watch and author of the book, “Foodopoly: The Battle Over the Future of Food and Farming in America.”

The IBTimes listed the most troubling aspects of the rider that was written by Monsanto lawyers:

1. The Monsanto Protection Act effectively bars federal courts from being able to halt the sale or planting of controversial genetically modified (aka GMO) or genetically engineered (GE) seeds, no matter what health issues may arise concerning GMOs in the future.

2. The provision’s language was apparently written in collusion with Monsanto.

-Many members of Congress were apparently unaware that the Monsanto Protection Act even existed within the Bill they were voting on.

3. The President did nothing to stop it, either. On Tuesday, Obama signed HR 933.

4. It sets a terrible precedent…The message it sends is that corporations can get around consumer safety protections if they get Congress on their side.

The article also revealed that Sen. Blunt has received over $60,000 from Monsanto in campaign contributions. Sen. Mikulski issued a statement that she “understands the anger over this provision. She didn’t put the language in the bill and doesn’t support it either.”  

The controversial provision has also raised the ire of the right wing Tea Party

“It is not the purview of Tea Party Patriots to comment on the merits of GMOs — that is a discussion and debate for experts and activists within that field,” wrote Dustin Siggins, who blogs for Tea Party Patriots, on the group’s website. “From the perspective of citizens who want open, transparent government that serves the people, however, the so-called ‘Monsanto Protection Act,’ Section 735 of the Continuing Resolution, is one heck of a special interest loophole for friends of Congress.”

Food Democracy Now has begun a petition that has already been signed by 250,000, demanding that President Obama to issue an Executive Order requiring the mandatory labeling of GMOs.

Late last night President Barack Obama signed H.R. 933, which contained the Monsanto Protection Act into law. President Obama knowingly signed the Monsanto Protection Act over the urgent pleas of more than 250,000 Americans who asked that he use his executive authority to veto it. President Obama failed to live up to his oath to protect the American people and our constitution.

Today we’re calling on President Obama to issue an executive order to call for the mandatory labeling of genetically engineered foods.

Not only is GMO labeling a reasonable and common sense solution to the continued controversy that corporations like Monsanto, DuPont and Dow Chemical have created by subverting our basic democratic rights, but it is a basic right that citizens in 62 other countries around the world already enjoy, including Europe, Russia, China, India, South Africa and Saudi Arabia.

Join us in demanding mandatory labeling of GMO foods. Now’s the time!

Call President Barack Obama (202) 456-1111 or if that line is busy, please call (202) 456-1414 – then ask at least 5 of your friends to join you!

As you know Chris Hayes will be hosting a new MSNBC show beginning April 1 at 8 PM EDT that he promises will be the same format as Up. Up’s new host Steve Carnacki takes over as the Saturday and Sunday host of the new “Up with Steve Carnacki” on April 13. This Sunday and next the best segments of the last two years will be aired.

Before his January suicide, Aaron Swartz was a leader in the fight against the Stop Online Piracy Act, or SOPA.  The groups with which Swartz worked-Demand Progress, the Electronic Frontier Foundation, and many others-continue to fight for information transparency and reforms to the laws currently used to prosecute individuals for alleged crimes committed online.

Swartz’ death shifted debate from piracy and regulation to the Computer Fraud and Abuse Act and the government’s attitude towards what it deems cybercrime, and hackers continue to be arrested and prosecuted. On March 26, the Justice Department announced that it had arrested a Wisconsin man for his alleged involvement in a Dedicated Denial of Service attack on two websites owned by Koch Industries. This arrest comes only a week after another hacker, Andrew Auernheimer, was sentenced to more than three years in prison for exposing a security hole in AT&T’s iPad user database.

Cases like these and actions like those of Operation KnightSec, the group of hackers who leaked information about the Steubenville rape investigation are sure to become more common, which means that over the issues SOPA raised will surface again.

Chris leads a debate on the controversial Stop Online Piracy Act (SOPA) with NBC Universal Executive Vice President and General council Richard Cotton; Reddit co-founder Alexis Ohanian; former Rep. Joe Sestak (D-PA); and former lobbyist Jack Abramoff.

SOPA is gone but it’s ugly twin is back. Meet the “Patriot Act of the Internet“, the Cyber Intelligence Sharing and Protection Act (CISPA) which the House is expected to vote on in mid-April:

The House is expected to vote on a set of cybersecurity-focused bills in mid-April. One of those bills would include the Cyber Intelligence Sharing and Protection Act (CISPA) by Mike Rogers (R-Mich.) and Rep. Dutch Ruppersberger (D-Md.), which is aimed at removing the legal hurdles that prevent companies from sharing information about cyber threats with the government.

The bill boasts support from a broad swath of industry sectors – including the telecommunications, banking and tech industries – but has stoked criticism from privacy and civil liberties groups.

Privacy advocates charge that CISPA lacks sufficient privacy protections for people’s personal data and would increase the pool of Americans’ electronic communications that flow to the intelligence community, including the secretive National Security Agency.

The bill passed the House last spring but went untouched in the Senate, largely because it was working on its own comprehensive measure.

CISPA’s Problem Isn’t Bad PR, It’s Bad Privacy

by  Robyn Greene, Washington Legislative Office of the ACLU

Representative Mike Rogers (R-MI) made the argument last week that the privacy community’s significant concerns with CISPA, the privacy-busting cybersecurity bill, don’t stem from actual problems with the bill language, but rather from a misunderstanding of the bill itself. Speaking on behalf of himself and his co-sponsor, Representative Dutch Ruppersberger (D-MD), he told The Hill, “We feel that the bill clearly deals with privacy, that the checks and balances are there, but [we] know there’s still a perception and we’re still trying to deal with that.”  

The ACLU, along with a coalition of 41 privacy and civil liberties groups, are very concerned about the real-world impact that the authorities proposed in CISPA could have on Americans’ privacy and civil liberties. President Obama, along with top administration officials including Department of Homeland Security Secretary Janet Napolitano, have echoed many of our concerns. CISPA, in its current form (pdf):    

• Creates an exception to all privacy laws to allow companies to share our personal information, including internet records and the content of emails, with the government and other companies, for cybersecurity purposes;
• Permits our private information to be shared with any government agency, like the NSA or the Department of Defense ‘s Cyber Command;
• Fails to require the protection of Americans’ personally identifiable information (PII), despite repeated statements by the private sector that it doesn’t want or need to share PII;
• Once shared with the government, allows our information to be used for non-cybersecurity “national security” purposes – an overbroad “catch-all” phrase that can mean almost anything;
• Immunizes companies from criminal or civil liability, even after an egregious breach of privacy;
• Fails to implement adequate transparency and oversight mechanisms.

In a recent article in Wired, Chris Finan, former White House director for cybersecurity, urged Congress to fix CISPA by amending the bill so as to require companies to strip their customers’ PII before sharing it with the government; restrict information sharing to civilian agencies; restrict the further dissemination and use of information to cybersecurity purposes; place reasonable limits on companies’ liability protections; and establish a non-profit to act as an “independent ‘watchdog'”  over any information sharing program to enhance oversight and transparency.

It will would be great if Congress amended CISPA to address all of our privacy concerns, but it’s hard to hold out hope for sufficient changes so long as its chief sponsor thinks that it doesn’t have a privacy problem so much as a PR problem. Everyone, from the privacy community to the president, agrees that CISPA is bad on privacy – the problem isn’t our perception.

For Aaron and for us.

Cross posted from The Stars Hollow Gazette

You know that dress or shirt that’s been hanging in your closet for years, you know that hideous shade of fuscia that was a fashion must have for barely a season but you had to buy it, well, there are some bills in Congress that are just like that, the Cyber Intelligence Sharing and Protection Act (CISPA) is one of those bills. On Friday, while everyone was distracted by the blizzard in the Northeast, House Intelligence Committee Chairman Mike Rogers (R-Mich.) and ranking member Rep. Dutch Ruppersberger (D-Md.)announced that they would reintroduce CISPA next week. Apparently alarmed by the recent hacks of government web sites and private banking information, this dynamic duo plan on reintroducing the same bill that the House passed last year that President Barack Obama’s advisors recommended he veto.

The bill, in the form it was presented in 2011,

would allow for the sharing of Internet traffic information between the U.S. government and certain technology and manufacturing companies. The stated aim of the bill is to help the U.S government investigate cyber threats and ensure the security of networks against cyberattack. [..]

CISPA has been criticized by advocates of Internet privacy and civil liberties, such as the Electronic Frontier Foundation, the American Civil Liberties Union, and Avaaz.org. Those groups argue CISPA contains too few limits on how and when the government may monitor a private individual’s Internet browsing information. Additionally, they fear that such new powers could be used to spy on the general public rather than to pursue malicious hackers. CISPA has garnered favor from corporations and lobbying groups such as Microsoft, Facebook and the United States Chamber of Commerce, which look on it as a simple and effective means of sharing important cyber threat information with the government.

Some critics saw CISPA as a second attempt at strengthening digital piracy laws after the anti-piracy Stop Online Piracy Act became deeply unpopular. Intellectual property theft was initially listed in the bill as a possible cause for sharing Web traffic information with the government, though it was removed in subsequent drafts

It is now clawing its way back to life. The ACLU is asking for our help to once again gear up to protect and preserve the right to freedom of the internet

Because of your activism last year, big and important changes were made to the Senate cyber bill, including significant privacy protections. Let’s do it again House-side. If the House wants smart cyber legislation that also protects privacy, it needs to ensure that the programs are civilian-led, minimize the sharing of sensitive personal information between government and corporations, and protect collected information from non-cyber uses.

So bone up on what CISPA does, see the many organizations from left to right who have opposed CISPA, compare it (pdf) to the far better legislation in the Senate, and read why even the Obama administration threatened to veto this bill last year. And get ready to fight for your right to online privacy once again.

This was what Internet Activist Aaron Swartz fought against when he called CISPA “The Patriot Act of the Internet”

Swartz told Russia Today that whereas SOPA was exclusively “about giving the government the power to censor the Internet,” CISPA has the same kind of censorship provisions but “is more like a Patriot Act for the Internet.”

“It sort of lets the government run roughshod over privacy protections and share personal data about you,” he explained, “take it from Facebook and Internet providers and use it without the normal privacy protections that are in the law. … It’s an incredibly broad and dangerous bill.”

“The thing about this bill is it doesn’t really have any protections against cyber threats,” Swartz added. “All it does is make people share their information. But that’s not going to solve the problem. What’s going to solve the problem is actual security measures, protecting the service in the first place, not spying on people after the fact.”

This bill needs to be stopped and quickly. The time to act is now, educate yourself, your family and friends to the danger this bill represents.

For Aaron and for us.

Cross posted from The Stars Hollow Gazette

Senate Majority Leader Harry Reid has a headache, Filibuster Reform.

Filibuster reform has become a headache for Senate Majority Leader Harry Reid (D-Nev.).

Reid is stuck in the middle, between liberal senators pushing hard for drastic reform and senior Democrats balking at changing the culture of the upper chamber. [..]

Reid has begun to show signs of impatience with Senate Republican Leader Mitch McConnell (Ky.), with whom he has been negotiating for weeks. He said Tuesday that he and McConnell have made progress, but added, “[W]e’ve got a long way to go.”

The Nevada Democrat said he would give Republicans another 24 to 36 hours to agree to filibuster reform and then trigger the so-called nuclear option. This controversial tactic would allow him to change the Senate rules with a simple majority vote.

Sen.  Reid insists that reform is at the top of his agenda, even though it has been delayed almost three weeks to give time for negotiations with the recalcitrant Republican minority who have used the current rule to virtually halt government. While progressive Democrats back the reforms put forth by Senators Jeff Merkley (D-OR) and Tom Udall (D-NM), including “talking filibuster,” Sen. Reid has put forth his own proposal as a compromise in an attempt to placate six more senior Democrats who are reluctant to pass reform with a simple majority vote:

The proposals include eliminating filibusters on motions to proceed, and an idea proposed by Sen. Al Franken (D-Minn.) that would shift the burden onto the minority by requiring 41 members to vote in order to maintain a filibuster, rather than requiring the majority to find 60 votes to end a filibuster. [..]

Sen. Carl Levin (D-Mich.), a co-sponsor of the scaled-back, bipartisan filibuster reform package, also said he supports putting some onus on the minority to keep a filibuster going. [..] Levin said he continues to have problems with a nuclear option. [..] Levin said he supports getting rid of the filibuster on the motion to proceed, but again held out hope for an agreement. [..]

One of the proponents of stronger filibuster reform, Sen. Tom Udall (D-N.M.), took to the floor a little later to demand that the Senate not take half measures. [..] Udall suggested the constitutional option need not actually be invoked. [..] But he added that if Republicans don’t agree, Democrats have a responsibility to act.

If there is any hope of the Senate passing comprehensive immigration reform and gun violence prevention, along with education, infrastructure, the Violence Against Women Act, veterans aid, climate change, tax loopholes, voter suppression and the farm bill, ending filibuster gridlock is a must.

The question of whether Democrats can get this done was the topic of discussion this past weekend on Up with Chris Hayes. Host Chris Hayes was joined by Sen. Tom Udall (D-NM); Patrick Gaspard, executive director of the Democratic National Committee; Neera Tanden, president of the Center for American Progress; and Jen Psaki, former Obama White House deputy communications director.

Filibuster

TheMomCat–

• Congressional Game of Chicken: Fixing Filibuster, Part II Tue Nov 27, 2012 at 06:06:34 AM EST
• Congressional Game of Chicken: Fixing Filibuster, Part III Tue Dec 04, 2012 at 20:13:20 PM EST
• Congressional Game of Chicken: Fixing Filibuster, Part IV Fri Jan 04, 2013 at 13:39:35 PM EST
• Congressional Game of Chicken: Fixing Filibuster, Part V Fri Jan 11, 2013 at 03:32:29 AM EST
• Congressional Game of Chicken: Fixing Filibuster Sign the Petition, Part VI Wed Jan 16, 2013 at 23:20:31 PM EST

Will Harry Reid kill real filibuster reform? Vote is tomorrow, January 22.

1/21/2013 10:00am by Gaius Publius

(W)e should be calling Harry Reid’s office today and tomorrow (early morning EST):

    Harry Reid:

    (202) 224-3542

Reid also has four Nevada offices, all with phones. If you call:

1. Tell him (politely) to act like a Democrat instead of a Beltway insider & Mitch McConnell’s virtual golfing buddy.
2. Tell him to support the Merkley-Udall proposal and nothing less.
3. Say if he doesn’t get real filibuster reform passed in the Senate, he owns the silent filibuster for the next two years. Every Republican obstruction will be his obstruction as well.

Let’s give him naming rights if he fails us like he did two years ago. The Senator Harry Reid Silent Filibuster™, brought to you by Senator Harry Reid, the Republicans’ new best friend in the Senate.

Other Dem senators who may be wavering:

Baucus	Max	MT	D	(202) 224-2651
Boxer	Barbara	CA	D	(202) 224-3553
Feinstein	Dianne	CA	D	(202) 224-3841
Heitkamp	Heidi	ND	D	(202) 224-2043
Hirono	Mazie	HI	D	(202) 224-6361
Leahy	Patrick	VT	D	(202) 224-4242
Reed	Jack	RI	D	(202) 224-4642

Make the call, please. Today… early (EST). Make several. I’d be shocked if the folks in the $800 suits hit the chambers anytime before 10 or 11am – gotta have time for those lobbyist breakfasts and all.

Harry Reid seeks middle path on filibuster

By MANU RAJU, Politico

1/17/13 6:41 PM EST

The contents of a filibuster reform package are not yet finalized, sources say, and Reid is still trying to cut a bipartisan deal with Senate Minority Leader Mitch McConnell (R-Ky.) to avert a partisan showdown on the floor next week. But Reid seems to have discarded one of the more far-reaching proposals sought by liberals – forcing senators to actually carry out a filibuster – because of fears that the plan would effectively kill the potent delaying tactic used frequently by the minority party.

…

Reid’s most pressing demand is to eliminate filibusters used to prevent debate on legislation from starting. He also wants to end filibusters used to prevent the Senate from convening conference committees with the House. And he’s eager to pare back the use of filibusters on certain presidential nominations.

Senators could still filibuster in any number of situations under this approach. But Reid is weighing whether to shift the burden of the filibuster from those who are seeking to defeat it onto those who are threatening to wage one. Rather than requiring 60 votes to break a filibuster, Reid is considering requiring at least 41 senators to sustain a filibuster. That would amount to a subtle shift to force opponents to ensure every senator is present in order to mount a filibuster.

…

Still, what Reid is considering would fall short of a plan pushed by Sens. Merkley, Tom Udall (D-N.M.) and Tom Harkin (D-Iowa), who want to require anyone who is threatening to filibuster to actually carry one out on the floor – much like in the infamous movie classic, “Mr. Smith Goes to Washington.”

Under their plan, if a filibuster is not defeated – but at least 51 senators want to overcome the delay tactic – senators who are obstructing would go to the floor and carry out the talk-a-thon. But once the senators stop talking, the Senate could overcome the filibuster with just 51 votes, rather than the 60 that is currently required.

Republicans and a handful of Democrats oppose this approach because they fear that it would effectively usurp the power of an individual senator to filibuster and effectively lower the threshold to overcome a filibuster from 60 votes to 51.

To repeat-

(W)e should be calling Harry Reid’s office today and tomorrow (early morning EST):

    Harry Reid:

    (202) 224-3542

Reid also has four Nevada offices, all with phones. If you call:

1. Tell him (politely) to act like a Democrat instead of a Beltway insider & Mitch McConnell’s virtual golfing buddy.
2. Tell him to support the Merkley-Udall proposal and nothing less.
3. Say if he doesn’t get real filibuster reform passed in the Senate, he owns the silent filibuster for the next two years. Every Republican obstruction will be his obstruction as well.

Let’s give him naming rights if he fails us like he did two years ago. The Senator Harry Reid Silent Filibuster™, brought to you by Senator Harry Reid, the Republicans’ new best friend in the Senate.

Other Dem senators who may be wavering:

Baucus	Max	MT	D	(202) 224-2651
Boxer	Barbara	CA	D	(202) 224-3553
Feinstein	Dianne	CA	D	(202) 224-3841
Heitkamp	Heidi	ND	D	(202) 224-2043
Hirono	Mazie	HI	D	(202) 224-6361
Leahy	Patrick	VT	D	(202) 224-4242
Reed	Jack	RI	D	(202) 224-4642

Make the call, please. Today… early (EST). Make several. I’d be shocked if the folks in the $800 suits hit the chambers anytime before 10 or 11am – gotta have time for those lobbyist breakfasts and all.

Cross posted from The Stars Hollow Gazette

Time is getting short to reform the filibuster rule of the Senate. The debate and vote to reform will take place January 22, the day after Pres. Obama’s inauguration for his second term and before hearing on the president’s nominees for important cabinet vacancies.

Sign the Petition

WASHINGTON — With just a week left to influence the looming debate over filibuster reform, Sens. Jeff Merkley (D-Ore.), Tom Udall (D-N.M.) and Elizabeth Warren (D-Mass.), along with the progressive Daily Kos community, launched a petition on Monday to drum up support for a proposal that would eliminate the silent filibuster.

The hope is to maintain pressure for reform that would include the talking filibuster. Merkley, Udall and Sen. Tom Harkin (D-Iowa) have been pushing one such approach, which would still allow the minority to filibuster legislation but would require members to do so by actually standing and speaking on the floor. The Merkley-Udall-Harkin plan also seeks to streamline conference committee assignments and nominations, and eliminate the motion to proceed — a motion typically offered by the majority leader to bring up a bill or other measure for consideration.

Their proposal is competing with a scaled-back bipartisan plan introduced by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and backed by six other senators. In a statement accompanying the petition, Merkley argues that “other proposals out there don’t go far enough, and won’t change the culture of obstruction that paralyzes the Senate.”

“Without a talking filibuster, obstructionist Senators will still be able to silently stall any piece of legislation they want without any accountability,” he writes.>

Filibuster reform will be first thing on the docket when the U.S. Senate convenes on Jan. 22.

Under the U.S. Constitution, a majority of each house have the power to change its rules on the first day of the legislative session by a simple majority vote. The Senate convened the first session of the 113th Congress on Jan. 3 – and the three Democratic senators introduced SR 4. Here’s what it would do:

  Clear the path to debate – Those objecting to legislation would only have one opportunity to filibuster legislation. Specifically, the ability to bring up a bill for simple debate (the motion to proceed) would not be subjected to a filibuster.

   Restore the “talking filibuster” – Those wishing to filibuster legislation must actually hold the floor and be required to actually debate the legislation. It would end “silent” filibusters where one senator quietly objects and is not required to take the Senate floor.

   Put filibuster supporters on record – 41 senators would have to affirmatively vote to continue debate, rather than forcing 60 senators to vote to end debate.

   Expedite nominations – The process for approving nominations would be streamlined, shortening the amount of time required for debate once a nomination is brought to the Senate floor.

Historically, the filibuster was intended to protect the minority party’s interests on extraordinary issues, and it was rarely invoked. But in today’s contentious political climate the filibuster has been used in record numbers (nearly 400 times in the 112th Congress) to block votes and debate, and the requirement for 60 votes to end a filibuster has proved virtually insurmountable. For example, much of the legislation organized labor has fought for to restore collective bargaining rights and to create jobs  – from the Employee Free Choice Act, to the Bring Jobs Home Act, the American Jobs Act, and many more – never received a Senate floor vote because of the filibuster threat, even though the legislation had majority support from senators.

For these reasons, SR 4 is endorsed by the AFL-CIO and some 50 progressive groups – in a coalition called Fix the Senate Now.

As our friend, Gaius Publius at AMERICAblog says:

This is my reminder – you can help hold that group together. We need strong filibuster reform, not a weaker version. Call your senator if you believe in this (click to find the phone number).

In addition, call these senators – they are the Democrats flirting with “well, I don’t really know” when the last public list of supporters was announced:

• Baucus Max MT D (202) 224-2651
• Boxer Barbara CA D (202) 224-3553
• Feinstein Dianne CA D (202) 224-3841
• Heitkamp Heidi ND D (202) 224-2043
• Hirono Mazie HI D (202) 224-6361
• Leahy Patrick VT D (202) 224-4242
• Reed Jack RI D (202) 224-4642

As of last report, these are the Democratic waverers (and shame on them). Please make the calls, now and daily (if you can) until January 22.

Sign the Petition

Cross posted from The Stars Hollow Gazette

Computer programmer, writer, archivist, political organizer, and Internet activist, but most of all son, brother and friend, Aaron Swartz tragically took his own life last week. One of the many achievements of Aaron’s too short life was to win a battle in the war for Internet Freedom, he helped lead the fight to Stop SOPA. SOPA was the Stop Online Piracy Act bill that sought to monitor the Internet for copyright violations and would have made it easier for the U.S. government to shut down websites accused of violating copyright.

This was Aaron’s address at F2C:Freedom to Connect 2012, Washington DC on May 21 2012.

Now we have a battle to fight in Aaron’s name to reform the law that overzealous federal prosecutors used against him, the Computer Fraud and Abuse Act. Marcia Hoffman, senior staff attorney for Electronic Freedom Foundation, lays out the case for fixing this draconian law:

Problem 1: Hacking laws are too broad, and too vague

Among other things, the CFAA makes it illegal to gain access to protected computers “without authorization” or in a manner that “exceeds authorized access.”  Unfortunately, the law doesn’t clearly explain what a lack of “authorization” actually means. Creative prosecutors have taken advantage of this confusion to craft criminal charges that aren’t really about hacking a computer but instead target other behavior the prosecutors don’t like. [..]

Problem 2: Hacking laws have far too heavy-handed penalties

The penalty scheme for CFAA violations is harsh and disproportionate to the magnitude of offenses. Even first-time offenses for accessing a protected computer “without authorization” can be punishable by up to five years in prison each (ten years for repeat offenses) plus fines. It’s worth nothing that five years is a relatively light maximum penalty by CFAA standards; violations of other parts of that law are punishable by up to ten years, 20 years, and even life in prison. [..]

The Upshot

The CFAA’s vague language, broad reach, and harsh punishments combine to create a powerful weapon for overeager prosecutors to unleash on people they don’t like. Aaron was facing the possibility of decades in prison for accessing the MIT network and downloading academic papers as part of his activism work for open access to knowledge. No prosecutor should have tools to threaten to end someone’s freedom for such actions, but the CFAA helped to make that fate a realistic fear for Aaron.

In Aaron’s name please call on Congress and the White House to change this law.

Click here to send your message to your congressional representatives.

Please sign the Petition to President Barack Obama to Reform the Computer Fraud and Abuse Act to reflect the realities of computing and networks in 2013.

Do this not just in Aaron’s name but mine, yours and everyone who uses the internet.

Cross posted from The Stars Hollow Gazette

The next “plateau” in the on going “Mythical Cliff” debate is the unconstitutional debt ceiling which the Republicans are now threatening to take hostage to demand draconian cuts to social security and other programs while sparing defense. With the settlement over the Obama tax cuts out of the way, the $1 trillion dollars in sequestration cuts are scheduled to take effect in two month at the same time authorized spending will “hit the roof,” setting up the showdown between the feral Tea Party dominated Republican held House, the roadblocked filibustered Senate and the ever capitulating White House. Still very much in danger are Social Security and Medicare which President Barack Obama has refused to take off the table and keeps offering up as sacrifice as part of an agreement. To get what they want the Republicans are willing to let the government default on its debt

Sen. Pat Toomey (R-Pa.) said on MSNBC’s “Morning Joe” this week, “we Republicans need to be willing to tolerate a temporary, partial government shutdown” in order to achieve spending cuts and entitlement reforms.

On Friday morning, meanwhile, House Speaker John Boehner (R-Ohio) told members that he was prepared to use the debt ceiling fight as leverage to get spending cuts. According to a source in the room, Boehner showed fellow lawmakers the results of a survey by the Winston Group, a GOP polling firm, which showed that 72 percent of Americans “agree any increase in the nation’s debt limit must be accompanied by spending cuts and reforms of a greater amount.”

“The debate is already under way,” the speaker said.

Elsewhere on Friday morning, Sen. John Cornyn (R-Texas), the second-ranking Senate Republican, penned an op-ed making a similar argument.

   Republicans are more determined than ever to implement the spending cuts and structural entitlement reforms that are needed to secure the long-term fiscal integrity of our country.

   The coming deadlines will be the next flashpoints in our ongoing fight to bring fiscal sanity to Washington. It may be necessary to partially shut down the government in order to secure the long-term fiscal well being of our country, rather than plod along the path of Greece, Italy and Spain. President Obama needs to take note of this reality and put forward a plan to avoid it immediately.

Calling this a “government shutdown,” even a partial shut down, is just plain spin that will result in an even deeper recession than the last one from which we have yet to fully recover. In a letter from Matthew E. Zames, a managing director at JPMorgan Chase and the chairman of the Treasury Borrowing Advisory Committee lists what will happen if the debt ceiling is not raised:

First, foreign investors, who hold nearly half of outstanding Treasury debt, could reduce their purchases of Treasuries on a permanent basis, and potentially even sell some of their existing holdings. [.]]

Second, a default by the U.S. Treasury, or even an extended delay in raising the debt ceiling, could lead to a downgrade of the U.S. sovereign credit rating. [..]

Third, the financial crisis you warned of in your April 4th Letter to Congress could trigger a run on money market funds, as was the case in September 2008 after the Lehman failure. [..]

Fourth, a Treasury default could severely disrupt the $4 trillion Treasury financing market, which could sharply raise borrowing rates for some market participants and possibly lead to another acute deleveraging event. [..]

Fifth, the rise in borrowing costs and contraction of credit that would occur as a result of this deleveraging event would have damaging consequences for the still-fragile recovery of our economy. [..]

Finally, (..) because the long-term risks from a default are so large, a prolonged delay in raising the debt ceiling may negatively impact markets well before a default actually occurs.

Obviously, the Republicans did not learn from the last hostage threat that resulted in a market down turn and the downgrade of the US credit rating. That debacle resulted in an extension of the Bush tax cuts and, now the permanent Obama tax cuts. Without tax increases as leverage the President and the Democrats have very little wiggle room.

That brings us to the elephant in the room that most of the MSMS, some so called progressive blogs and pundits, including Nobel Prize winning economist Paul Krugman, have laughed off as “not serious,” the “Trillion Dollar Platinum Coin Solution” (TPC). Guess what, they aren’t laughing at this any more. We may not be able to print money but we can mint coins of any denomination. From Paul Krugman:

The peculiar exception is that clause allowing the Treasury to mint platinum coins in any denomination it chooses. Of course this was intended as a way to issue commemorative coins and stuff, not as a fiscal measure; but at least as I understand it, the letter of the law would allow Treasury to stamp out a platinum coin, say it’s worth a trillion dollars, and deposit it at the Fed – thereby avoiding the need to issue debt. [..]

In reality, to pursue the thought further, the coin really would be as much a Federal debt as the T-bills the Fed owns, since eventually Treasury would want to buy it back. So this is all a gimmick – but since the debt ceiling itself is crazy, allowing Congress to tell the president to spend money then tell him that he can’t raise the money he’s supposed to spend, there’s a pretty good case for using whatever gimmicks come to hand.

But there is a solution to preventing a real fiscal crisis and Josh Barrow at Bloomberg has an ingenious solution to both the debt ceiling and the TPC and why we need to “go off the platinum cliff”:

This law was intended to allow the production of commemorative coins for collectors. But it can also be used to create large-denomination coins that Treasury can deposit with the Fed to finance payment of the government’s bills, in lieu of issuing debt.

What the law should say is that the executive branch may borrow to pay whatever obligations the federal government has, but may not print. Unfortunately, when we hit the debt ceiling, the situation will be backwards: The administration will not be allowed to borrow, but it can print in unlimited quantities.

This points toward an interesting solution.

If Republicans start issuing a list of demands that must be met before they will raise the debt ceiling, Obama should simply say that he will issue platinum coins as necessary to pay government bills if he cannot borrow. But, to avoid causing long-term inflation expectations to skyrocket, he should pledge that he will have the Treasury issue enough bonds to buy back all the newly issued currency as soon as it is allowed to do so.

And then he should offer to sign a bill revoking his authority to issue platinum coins — so long as that bill also abolishes the debt ceiling. The executive branch will give up its unwarranted power to print if the legislative branch will give up its unwarranted restriction on borrowing to cover already appropriated obligations.

Here that Barack? Dare them to destroy the face and credit of this country, then flip that coin on the table along with the bill. Wanna bet they’ll bite?

Meanwhile, we need to encourage our weak kneed president to do what Atrios said