Internet 'kill switch' proposed for US

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A new US Senate Bill would grant the President far-reaching emergency powers to seize control of, or even shut down, portions of the internet.

The legislation says that companies such as broadband providers, search engines or software firms that the US Government selects "shall immediately comply with any emergency measure or action developed" by the Department of Homeland Security. Anyone failing to comply would be fined.

That emergency authority would allow the Federal Government to "preserve those networks and assets and our country and protect our people," Joe Lieberman, the primary sponsor of the measure and the chairman of the Homeland Security committee, told reporters on Thursday. Lieberman is an independent senator from Connecticut who meets with the Democrats.

Due to there being few limits on the US President's emergency power, which can be renewed indefinitely, the densely worded 197-page Bill (PDF) is likely to encounter stiff opposition.

TechAmerica, probably the largest US technology lobby group, said it was concerned about "unintended consequences that would result from the legislation's regulatory approach" and "the potential for absolute power". And the Center for Democracy and Technology publicly worried that the Lieberman Bill's emergency powers "include authority to shut down or limit internet traffic on private systems."

The idea of an internet "kill switch" that the President could flip is not new. A draft Senate proposal that ZDNet Australia's sister site CNET obtained in August allowed the White House to "declare a cybersecurity emergency", and another from Sens. Jay Rockefeller (D-W.V.) and Olympia Snowe (R-Maine) would have explicitly given the government the power to "order the disconnection" of certain networks or websites.

On Thursday, both senators lauded Lieberman's Bill, which is formally titled Protecting Cyberspace as a National Asset Act, or PCNAA. Rockefeller said "I commend" the drafters of the PCNAA. Collins went further, signing up at a co-sponsor and saying at a press conference that "we cannot afford to wait for a cyber 9/11 before our government realises the importance of protecting our cyber resources".

Under PCNAA, the Federal Government's power to force private companies to comply with emergency decrees would become unusually broad. Any company on a list created by Homeland Security that also "relies on" the internet, the telephone system or any other component of the US "information infrastructure" would be subject to command by a new National Center for Cybersecurity and Communications (NCCC) that would be created inside Homeland Security.

The only obvious limitation on the NCCC's emergency power is one paragraph in the Lieberman Bill that appears to have grown out of the Bush-era flap over wiretapping without a warrant. That limitation says that the NCCC cannot order broadband providers or other companies to "conduct surveillance" of Americans unless it's otherwise legally authorised.

Lieberman said on Thursday that enactment of his Bill needed to be a top congressional priority. "For all of its 'user-friendly' allure, the internet can also be a dangerous place with electronic pipelines that run directly into everything from our personal bank accounts to key infrastructure to government and industrial secrets," he said. "Our economic security, national security and public safety are now all at risk from new kinds of enemies — cyber-warriors, cyber-spies, cyber-terrorists and cyber-criminals."

A new cybersecurity bureaucracy

Lieberman's proposal would form a powerful and extensive new Homeland Security bureaucracy around the NCCC, including "no less" than two deputy directors, and liaison officers to the Defense Department, Justice Department, Commerce Department, and the Director of National Intelligence. (How much the NCCC director's duties would overlap with those of the existing assistant secretary for infrastructure protection is not clear.)

The NCCC also would be granted the power to monitor the "security status" of private sector websites, broadband providers and other internet components. Lieberman's legislation requires the NCCC to provide "situational awareness of the security status" of the portions of the internet that are inside the United States — and also those portions in other countries that, if disrupted, could cause significant harm.

Selected private companies would be required to participate in "information sharing" with the Feds. They must "certify in writing to the director" of the NCCC whether they have "developed and implemented" federally approved security measures, which could be anything from encryption to physical security mechanisms, or programming techniques that have been "approved by the director". The NCCC director can "issue an order" in cases of non-compliance.

The prospect of a vast new cybersecurity bureaucracy with power to command the private sector worries some privacy advocates. "This is a plan for an auto-immune reaction," says Jim Harper, director of information studies at the libertarian Cato Institute. "When something goes wrong, the government will attack our infrastructure and make society weaker."

To sweeten the deal for industry groups, Lieberman has included a tantalising offer absent from earlier drafts: immunity from civil lawsuits. If a software company's programming error costs customers billions, or a broadband provider intentionally cuts off its customers in response to a federal command, neither would be liable.

If there's an "incident related to a cyber vulnerability" after the President has declared an emergency and the affected company has followed federal standards, plaintiffs' lawyers cannot collect damages for economic harm. And if the harm is caused by an emergency order from the Feds, not only does the possibility of damages virtually disappear, but the US Treasury will even pick up the private company's tab.

Another sweetener: a new White House office would be charged with forcing federal agencies to take cybersecurity more seriously, with the power to jeopardise their budgets if they fail to comply. The likely effect would be to increase government agencies' demand for security products.

Tom Gann, McAfee's vice president for government relations, stopped short of criticising the Lieberman Bill, calling it a "very important piece of legislation".

McAfee is paying attention to "a number of provisions of the Bill that could use work," Gann said, and "we've certainly put some focus on the emergency provisions."

Via CNET

Talkback

The sole reason that these people want to be able to "kill" parts of the internet, is because the lower-level serfs are sharing information that EXPOSES the abuses of power enjoyed by these same people.

Privacy control should not be government-monitored. We well remember the argument over PGP escaping the u.s. into general use around the world (and having no backdoor access). Why would one want to use an "approved" security system when you know that the "approving" body is the one most likely to be able to break it?

TreknologyTreknology June 15th, 2010
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Treknology wrote "lower-level serfs are sharing information that EXPOSES the abuses of power enjoyed by these same people."

Yeah in particular Wikileaks.

giantgiant June 17th, 2010
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Sign the Petition against the Kill-Switch bill and keep the internet free from autocracy! - http://www.petitiononline.com/stopKS/petition.html

Protect.the.netProtect.the.net June 19th, 2010
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why would anyone want to shutdown parts of the internet? this is obviously a ploy to regain control of the internet and its information sharing capabilities so everyone can be brain washed by 100% controlled media.

****theBankers****theBankers June 17th, 2010
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Aren't "Kill Switch" protocols what the Iranian government used to shut-down, restrict, and filter cell-phone, internet, etc. traffic when one year ago its people tried to protest what many considered a rigged election? You remember...the one where loyal-to-the-state entities started beating, abducting, shooting, and killing protesters? Videos and reporting of the protests and violence were substantial until the "Kill-Switch" was activated.

If national security related installations are vulnerable to internet cyber-attacks, then you secure THOSE, or provide the ability to isolate THOSE from the internet. You do NOT have to take down or have the government "protect" the entire internet to "protect critical infra-structure elements".

BTW, if a "Kill-Switch" is actually implemented, then the "Kill-Switch" itself becomes a target and is itself vulnerable to cyber-attack/hacking/failure/abuse, and the simple fact of its existence presents a massive threat to the economy and national security of the United States.

ITprofessionalITprofessional June 17th, 2010
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Joe Lieberman should be arrested. He's trying to subvert our constitutional right to free speech, whether in time of war or terrorism or anything else. He is a coward, I believe, and always one of the first to seek some sort of special protection and personal safety. I hope Connecticut voters get wise to him soon. I don't feel comfortable expressing my harsher feelings here.

jousterusajousterusa June 17th, 2010
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Yeah, it's pretty much a good way to make sure that we can't, you know, read the next 2000-plus page legislation the Democrats want to ram down our throats. The alternative media (blogs, etc.) is the biggest threat to the dictatorship Obama wants to force on this nation, and therefore must be killed.

amylpav22amylpav22 June 17th, 2010
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Can you read amy? The bill was introduced by Joe Lieberman, not an idea of Obama's. It also being pushed by Lieberman. Just a couple months ago he was the Republican darling, or am I wrong?

nformnform June 18th, 2010
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You are wrong. Some Republican's might have liked him for bucking the Dems in CT but he's about as darling to conservatives as a flat tire on the 405 during rush hour.

arkythehunarkythehun June 19th, 2010
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remember Obama has a thing about TOO MUCH INFORMATION!

RegeneratedB4FaithRegeneratedB4Faith June 17th, 2010
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These governmental has-beens should keep their hands off the internet. It simply is not theirs to muck with. They don't own it (we, the people do) and if they bugger it up, we (the people), will simply develop new and improved protocols.

Not to mention I don't trust them or believe they have the intelligence to use their power for the greater good of humanity.

AngusGroganAngusGrogan June 17th, 2010
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Well there would be one positive outcome. We would be free from US originated spam, malware and the like for a while after the Presi-knob got activated. Oh, wait, that was the Homeland Security controlled knob wasn't it, maybe it would get worse! 24/7 Hannity/Beck/O'Reilly webcasts anyone?

btonebtone June 17th, 2010
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This article is about broad-reaching censorship. It seems to want to inform us of this threat.
"If we don't believe in freedom of expression for people we despise, we don't believe in it at all."
-- Noam Chomsky
This Chomsky is a **** but I happen to agree with this statement by him, especially in these end times. I was the 2nd person to make a comment about the above article, but I was censored. My comment was TOTALLY removed. It included many TRUE statements. I have been preaching and teaching for over 30 years now. I even ran for president of the USA in 1996. Probably the reason you never heard of me is because I am censored as a matter of policy.

Russell G. ThatcherRussell G. Thatcher June 17th, 2010
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America, get off your knees before it's too late.

grandmothergrandmother June 17th, 2010
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Yet another step towards full government control over every aspect of our life. They don't want us to be free. The internet as empowered all of us and that represents a threat. One key point is they can't sell their propaganda the way they control the current media (TV, Radio and News). The simple fact is, we cannot trust the government I don't believe a single word coming from Mr. Obama's mouth. Wow they are going to protect us, from what? I know, maybe a terrorist will give us bad information, based on the current government definition of terrorism it includes (Vets, Gun owner, tea party or just anyone who does not agree with the gov. etc). They've killed the use of "Terrorism" for just about everything. The only question I have, is how many Americans have died from Terrorism? Not enough to be concerned about. but that does not prevent them from putting up body scanners to make sure we are safe. Wow! it's all garbage, turn your TV off and disconnect from the Matrix.

Al IT ProfessionalAl IT Professional June 18th, 2010
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People have been abusing free speech for too long, so this was bound to happen.
the purpose is to keep outragious individuals in check. I'm not sure why this is a big deal, most americans welcome increased government control to assist them with maintaining peace.

atreyatrey June 18th, 2010
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So - how's all that hope and change working out for you 0bama fans? Not getting what you thought you would? Gee whiz, who would have guessed?

I used to think of Washington DC as a Star Wars bar scene. Now it's looking more like something out of an HP Lovecraft novel.

You ain't seen nothin' yet....

Ward DorrityWard Dorrity June 18th, 2010
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Russell G.Thatcher amen to that

jezza jenjezza jen June 18th, 2010
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"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

-Benjamin Franklin

jmleajmlea June 18th, 2010
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I know Maine and its Senators are not that important in the scheme of things.. But was it Olympia Snowe who originally proposed a similar bill with Sen. Jay Rockefeller or was it Susan Collins? Because you go on to state Rockefeller's reaction to this new bill and then report "Sen Collins'" reaction as though you had previously mentioned her in the article when, in fact, you had mentioned Sen. Olympia Snowe.

derekc06derekc06 June 18th, 2010
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never mind i'll post that comment at CNET...

derekc06derekc06 June 18th, 2010
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Absolutely an Utopian Ideology . At least world can laugh at us, especially the nations with better Information Technology..http://www.zdnet.com.au/internet-kill-switch-proposed-for-us-339303838.htm

cavemantomcavemantom June 18th, 2010
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One switch to rule them all.

cadawacadawa June 18th, 2010
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I don't believe that banks don't control their systems independent of the Internet.

I was really in a bad position after a lawsuit. My reputation was ruined and my MIT degree in city planning was made worthless. Terrible articles about me were on the Internet that I couldn't get away from.

The Internet saved me. I started blogging about my situation in July 2007. I just went from website to website repeating and supporting my story.

I just incrementally and repeatedly published the truth about my problems with government corruption and supported it with links and previous publications that could be found simply by searching on my name. The Internet helped me understand and find the law too.

KaySieverdingKaySieverding June 18th, 2010
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Sounds like the senator from Naboo is making another insidious move to expand governmental powers.

I wonder what these stupid idiots propose to do when-- should the bill make it into law-- countless U.S. based website hosts & servers relocate (taking jobs and income with them) to countries outside the law's jurisdiction and leave the U.S. a WWWasteland.

imperatorimperator June 18th, 2010
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Lieberman is a traitor who was Al Gore's running mate. What else might we expect from this schmuck?

Wicked WarrenWicked Warren June 18th, 2010
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This is the first step in Martial Law ~ I believe Wal-Mart has their own satellite internet?
That may be our last gathering place

HomeBrewHomeBrew June 18th, 2010
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Okay everyone, listen up. Too much is at stake to look the other way this time. If we ignore this ‘bill’ these bureaucrats in Washington will take away the one place left where there is true free of expression. Register at http://protect-the-net.proboards.com and let’s figure out a way to stop this bill. Exercise you right to free speech will you still can.

Protect.the.netProtect.the.net June 18th, 2010
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Obama did it.

CaptainAmuricaCaptainAmurica June 19th, 2010
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New York Zionist **** Jacob Schiff, supposedly bragged about what a great return he got on the $20,000,000 he "invested" to bring about the Bolshevik revolution in Russia and the slaughter of the Romanov family.
What with the U.S. of Isael's glowing history of toppling democratic governments, (Iran, '53 among MANY others), to insert a "Renfield" of their own to insure access to natural resources and enslave indigeonous peoples, It would be a grave mistake to assume that the "unrest" was geniune and not yet another example of U.S./Israel treachery.

paschnpaschn June 19th, 2010
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Yes, this is very bad. But sadly, you are in far greater danger than you think!

US citizens (relatively speaking) are on the edge of a slippery slope ... In Australia, we have a "democrat" government (ie Labor government) that is now introducing legislation to force a massive (ISP level) internet filter onto the people! It is a huge (secret) blacklist of sites maintained by the Government - they alone will decide what sites are "bad for the people". There is no appeal for sites on the blacklist. This will make China's censoring look like a tea party.

If our Australian democracy goes down to this massive and despicable "Big Brother" Government censorship, it is then only a matter of time before other "democracies" decide to follow suit. Once established in another "free" democracy, do you think it impossible that your legislators won't try to trample your freedom in the same manner?

harrykiriharrykiri June 19th, 2010
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never mind.

9272792727 June 19th, 2010
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GoneeendutsGoneeenduts June 21st, 2010
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true nuf, lets keep outrageous idividuals like Jesus Christ from speaking out.
Big Brother loves us truly, not Jesus!

patrickirelandpatrickireland June 26th, 2010
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WTF? Obama controlling the internet **** him. If he wants to start this war, then let it begin. Your freedom of speech will be taken away. Anything you say against him, they will find out where you are. What has happened to our nation? Those people that work for this **** should be pissed off. Obama doesn't give a **** about the Constitution. He wants a Communist state. Just look at what he has done so far. He is a Marxist. He wants to change, not the change I'm willing to give up. If he wants a fight, then let it begin. From my cold dead hands. Let the fight begin. And, Obama **** you.

fjerinsfjerins July 14th, 2010
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WAY TO GO. RIGHT ON.

fjerinsfjerins July 14th, 2010
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It sounds like Mr Obama has been listening to the drivel billowing from KRudd's mouth for too long. Birds of a feather...

Mel SommersbergMel Sommersberg July 14th, 2010
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