House Approves CISPA Despite Privacy and Civil Rights Concerns | Practical Law

House Approves CISPA Despite Privacy and Civil Rights Concerns | Practical Law

On April 26, 2012, the US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) a controversial Internet surveillance bill that critics fear will harm Americans' privacy and civil liberties more than it will aid cybersecurity. There is concern that CISPA will give the federal government access to American citizens' confidential information.

House Approves CISPA Despite Privacy and Civil Rights Concerns

Practical Law Legal Update 0-519-1909 (Approx. 3 pages)

House Approves CISPA Despite Privacy and Civil Rights Concerns

by PLC Intellectual Property & Technology
Published on 27 Apr 2012 • USA (National/Federal)
On April 26, 2012, the US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) a controversial Internet surveillance bill that critics fear will harm Americans' privacy and civil liberties more than it will aid cybersecurity. There is concern that CISPA will give the federal government access to American citizens' confidential information.
On April 26, 2012, the US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) by a vote of 248 to 168. CISPA is aimed at strengthening US cybersecurity against foreign threats. However, critics are concerned that the bill's broad language will give federal agencies access to confidential consumer information.
The bill would permit companies to give confidential customer records and communications to the National Security Agency, among other federal government agencies. While CISPA does not grant any federal agency additional surveillance authority, it does allow the government access to more consumer information by facilitating sharing between companies and government agencies.
The House agreed to a variety of amendments affecting the bill's scope, including:
  • House Amendment 1022, which limits government use of shared cyber threat information to only five purposes:
    • cybersecurity;
    • investigation and prosecution of cybersecurity crimes;
    • protection of individuals from death or physical injury;
    • protection of minors from physical or psychological harm; and
    • national security protection.
  • An amendment narrowing the bill's definitions on what information may be identified, obtained, and shared (House Amendment 1028).
  • An amendment clarifying that use of cybersecurity systems to identify and obtain cyber threat information or the sharing of information is not exempt from potential civil liability (House Amendment 1020).
The House also agreed to House Amendment 1023, which prohibits the federal government from using the following, among other types of information:
  • Library records.
  • Firearm sales records.
  • Tax returns.
The future of CISPA is uncertain. Many privacy watchdog groups, including the ACLU, the Electronic Frontier Foundation, and Center for Democracy and Technology have indicated that CISPA is a significant threat to privacy. Further, while there was significant bipartisan support for CISPA in the House, the bill must still pass the Senate where cybersecurity legislation frequently flounders. There have also been indications that the White House will scrutinize the legislation and may veto it.

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