How CISPA Would Affect You (faq)

It took a debate that stretched to nearly seven hours, and votes on over a dozen amendments, but the U.S. House of Representatives finally approved the Cyber Intelligence Sharing and Protection Act on April 26.

Passions flared on both sides before the final vote on CISPA, which cleared the House by a comfortable margin of 248 to 168.

CISPA would “waive every single privacy law ever enacted in the name of cybersecurity,” Rep. Jared Polis, a Colorado Democrat and onetime Web entrepreneur, said during the debate. “Allowing the military and NSA to spy on Americans on American soil goes against every principle this country was founded on.”

Rep. Mike Rogers (R-Mich.), the chairman of the House Intelligence Committee and author of CISPA, responded by telling his colleagues to ignore “all the things they’re saying about the bill that are not true.” He pleaded: “Stand for America! Support this bill!”

While CISPA initially wasn’t an especially partisan bill — it cleared the House Intelligence Committee by a vote of 17 to 1 last December — it gradually moved in that direction. The final tally was 206 Republicans voting for it, and 28 opposed. Of the Democrats, 42 voted for CISPA and 140 were opposed. House Minority Leader Nancy Pelosi said afterward on Twitter that CISPA “didn’t strike the right balance” and Republicans “didn’t allow amendments to strengthen privacy protections.”

The ACLU, on the other hand, told CNET that the amendments — even if they had been allowed — would not have been effective. “They just put the veneer of privacy protections on the bill, and will garner more support for the bill even without making substantial changes,” said Michelle Richardson, legislative counsel for the ACLU.

Keep reading for some more details from CNET’s FAQ about what you need to know about CISPA.

Q: What happens next?
CISPA heads to the the Senate, where related cybersecurity legislation has been stalled for years. Senate Majority Leader Harry Reid, however, has said he’d like to move forward with cybersecurity legislation in May. Its outlook is uncertain.

Senate Democrats may be less likely than House Republicans to advance CISPA after the White House’s veto threat on April 25. The administration said CISPA “effectively treats domestic cybersecurity as an intelligence activity and thus, significantly departs from longstanding efforts to treat the Internet and cyberspace as civilian spheres.”

CISPA’s opponents are already rallying Americans to contact their senators to oppose CISPA. Demand Progress has created a petition. The Electronic Frontier Foundation says it “vows to continue the fight in the Senate.”

Q: What does CISPA do? Let the National Security Agency spy on Americans?
CISPA wouldn’t formally grant the NSA or Homeland Security any additional surveillance authority. (A proposed amendment that would have done so was withdrawn on April 26.)

But it would usher in a new era of information sharing between companies and government agencies — with limited oversight and privacy safeguards. The House Rules committee on April 25 rejected a series of modestly pro-privacy amendments, which led a coalition of civil-liberties groups to complain that “amendments that are imperative won’t even be considered” in a letter the following day.

Q: Who opposes CISPA?
Advocacy groups, including the American Library Association, the Electronic Frontier Foundation, the ACLU, and the libertarian-leaning TechFreedom, launched a “Stop Cyber Spying” campaign in mid-April — complete with a write-your-congresscritter-via-Twitter app — and the bill has drawn the ire of Anonymous.

A letter (PDF) from two dozen organizations, including the Republican Liberty Caucus, urges a “no” vote on CISPA, and over 750,000 people have signed an anti-CISPA Web petition. Free-market and libertarian groups have opposed it. The Center for Democracy and Technology flip-flopped twice on CISPA as the result of a short-lived deal with the bill’s authors not to criticize it.

Rep. Ron Paul, the Texas Republican and presidential candidate, warned on April 23 that CISPA represents the “latest assault on Internet freedom” and was “Big Brother writ large.” And 18 Democratic House members signed a letter (PDF) the same day warning that CISPA “does not include necessary safeguards” and that critics have raised “real and serious privacy concerns.”

Q: Why is CISPA so controversial?
What sparked significant privacy worries is the section of CISPA that says “notwithstanding any other provision of law,” companies may share information “with any other entity, including the federal government.” It doesn’t, however, require them to do so.

By including the word “notwithstanding,” House Intelligence Committee Chairman Mike Rogers (R-Mich.) and ranking member Dutch Ruppersberger (D-Md.) intended to make CISPA trump all existing federal and state civil and criminal laws. (It’s so broad that the non-partisan Congressional Research Service once warned (PDF) that using the term in legislation may “have unforeseen consequences for both existing and future laws.”)

MORE HERE