Cybersecurity Act of 2009: Grants Gov't Power Over Internet

by Blaine Metzgar | April 27, 2009 at 09:23 am

189 views | 2 Recommendations | 0 comments

If passed the proposed Cybersecurity Act of 2009 would grant the U.S. government and President Obama access to private internet data as well as the power to shutdown internet traffic in case of national emergency.

The two Senate bills, S.773 and S.778, that encompass the Cybersecurity Act were introduced to the 111th U.S. Congress on April 1 as sponsored by Sen. John Rockefeller of West Virginia.

Cybersecurity Act of 2009 A bill to ensure the continued free flow of commerce within the United States and with its global trading partners through secure cyber communications, to provide for the continued development and exploitation of the Internet and intranet communications for such purposes, to provide for the development of a cadre of information technology specialists to improve and maintain effective cybersecurity defenses against disruption, and for other purposes.

If enacted, the act would establish a new bureaucratic entity, the Office of National Cybersecurity Advisor, who would report directly to President Obama regarding issues of defending the U.S. from cyber attack. Furthermore, the act would hand over access to all privately owned information on the web to the secretary of commerce. The draft of the bill states that the government would be granted ongoing access to "all relevant data concerning networks without regard to any provision of law, regulation, rule, or policy restricting such access."

Senate Bill 773 would permit the White House to declare a "cybersecurity emergency" and, in such case, allow the President to limit or even shut down internet traffic in any network. Senate Bill 778 outlines the foundation of the National Cybersecurity Advisor as well as the responsibilities and powers granted to the office.

Section 18 of Senate Bill 773 outlines the authority of cybersecurity and explicates the responsibilities bestowed upon the President:

The President--

(2) may declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal Government or United States critical infrastructure information system or network;

(6) may order the disconnection of any Federal Government or United States critical infrastructure information systems or networks in the interest of national security;

The controversial act brings up questions of constitutionality, privacy, and democracy. On the official website of the U.S. Congress, polls for voting on the bills both show the 'Nays' far outweighing the 'Ayes.'