RE: [ISN] Smith Bill Raises Police Power Concerns

From: InfoSec News (isnat_private)
Date: Tue May 14 2002 - 00:22:55 PDT

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    Forwarded from: "Huggins, Michael" <mhhugginsat_private>
    The full documentation is worth reading if one has a chance go to the
    committees home page and read all the documentation.  EPIC and others
    scream infringement anytime someone tries to do what is for the good
    of the whole. FIDNET was defeated by their liberal tirade.  Let's not
    be one sided, use our minds to solve issues.
    Michael H. Huggins
    CISSP CTOC USN (ret)
    First Command Information
    Security Manager
    817 569 2435
    -----Original Message-----
    From: InfoSec News [mailto:isnat_private] 
    Sent: Monday, May 13, 2002 1:41 AM
    To: isnat_private
    Subject: [ISN] Smith Bill Raises Police Power Concerns 
    Forwarded from: Bob <bobat_private>,,2101_1107691,00.html
    By Roy Mark
    10 May 2002
    For Alan Davidson, the associate director of the Center for Democracy and
    Technology, the greater issue involving H.R. 3482 -- the Cyber Security
    Enhancement Act of 2001 -- is not increased surveillance of Internet users
    by Internet service providers (ISPs), but, rather, giving greater police
    powers to law enforcement agencies. The bill passed the House Judiciary
    Committee Wednesday and now awaits a floor vote of the full membership.
    Under current law, ISPs can face civil damages for disclosing user activity
    unless that activity presents an immediate risk of death or physical injury.
    Under H.R. 3482, sponsored by Rep. Lamar Smith
    (R.-Tex.) ISPs would be able to report threats that are "not immediate" and
    be protected from privacy violation lawsuits.
    According to Davidson, who is also an adjunct professor at Georgetown
    University's graduate program in communications, culture and technology, the
    privacy threat to Internet users is more likely to come from law enforcement
    agencies than from ISPs spying on users.
    "What concerns me is that police will come to an ISP and claim an emergency
    or a broad definition of an emergency and ISPs, being good citizens, will
    voluntarily give them user information because they will be protected from
    civil litigation," Davidson said.
    The bill aims to better coordinate cyber security efforts between federal,
    state and local agencies, make information more readily available to law
    enforcement agencies and slap harsher penalties on cyber criminals.
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