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POWER GRAB: White House to get control of Internet in "cyber-emergency"? Why?!

A bill proposed by Sen. Jay Rockefeller, D-WV, gives the Executive branch the power to declare a "cyber-emergency", affording the White House the authority to seize private Internet connectivity (read the article | view the PDF). The bill has not yet been considered by the full Senate or House, but review it and take note to ask yourself and your representatives some honest questions about its real intentions.

As reported by CNET, Senate bill S.773 does the following (view the excerpt):

The new version would allow the president to "declare a cybersecurity emergency" relating to "non-governmental" computer networks and do what's necessary to respond to the threat. Other sections of the proposal include a federal certification program for "cybersecurity professionals," and a requirement that certain computer systems and networks in the private sector be managed by people who have been awarded that license.

This bill provokes some honest questions:
  • What constitutes a cybersecurity emergency?
  • What are the parameters around those actions "necessary" to respond? The bill already authorizes seizure of private Internet connectivity. What else may the White House do?
  • Is any of this even constitutional? Where does the White House get the constitutional right to interfere with any private digital communications, unless PERHAPS they directly impact the fair and level playing field of interstate commerce? HQ offers the stance that any event caustic enough to prompt declaration of an "emergency" would affect the Internet equally across many states, which would throw out any invocation of "interstate commerce" on this matter.
  • What is the meaning of the "license" clause? Internet connectivity may be governed by a local authority authorized by the federal govermnet through some licensure? Again we ask - why?! And how does this not directly impede First Amendment rights?
Check back here for news on this legislation as it breaks, and call your representatives and tell them that the MUST vote NO on this bill, should it come to a vote.

- HQ staff


 
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