A controversial bill handing US president Barack Obama power over privately owned computer systems during a 'national cyber-emergency', and prohibiting any review by the court system, will return this year.
"We're not trying to mandate any requirements for the entire internet, the entire internet backbone," said Brandon Milhorn, Republican staff director and counsel for the committee. The legislation was first introduced in June by Joe Lieberman (I-Conn.) and Susan Collins (R-Maine). Lieberman, an independent who caucuses with Democrats, is chairman of the Senate Homeland Security and Governmental Affairs Committee.
The revised version includes new language saying that the federal government's designation of vital internet or other computer systems "shall not be subject to judicial review". Another addition expanded the definition of critical infrastructure to include "provider of information technology", and a third authorised the submission of "classified" reports on security vulnerabilities.
For more on this ZDNet UK-selected story, see Internet 'kill switch' bill will return on CNET News.
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Talkback
This article perpetuates the myth that the cyber security bill sponsored by Senators Lieberman and Collins would authorize a “kill switch” that would allow the President to shut down the Internet.
The reality is that the legislation would make it far less likely for a President to use the broad authority he already has in current law to take over communications networks. Section 706 of the Communications Act of 1934 provides nearly unchecked authority to the President to “cause the closing of any facility or station for wire communication” and “authorize the use of control of any such facility or station” by the Federal government.
The Senators’ legislation would bring Presidential authority to respond to a major cyber attack into the 21st century by providing a precise, targeted, and focused way for the President to defend our most sensitive infrastructure. The bill does not authorize the government to “take over” critical infrastructure nor does it authorize any new surveillance authorities.
The President would be required to provide advance notice to Congress of the intent to declare a national cyber emergency or as soon as possible after a declaration, with reasons why advance notice was not possible.
Section 706 of the Communications Act of 1934 is already in place, so why do they need new regulations? Because this president has an ego the size of Alaska, and he wants to have unlimited power. Unfortunately, he also has the power to decide when to implement the new law.
With this president, it is all about control over the populace.