December 15, 2015
Later this week, the House is slated to vote on a $1.1 trillion “omnibus” spending bill to fund the federal government through next fall. Naturally, the legislation will likely contain numerous riders and add-ons that address issues unrelated to appropriations, ranging from oil exports to compensation for 9/11 victims. But one potential addition to the lengthy omnibus bill is extremely troubling: according to several reports, House leaders are considering adding cybersecurity information sharing to the package. Rushing a cybersecurity bill through Congress before the holidays is premature, especially given how little we know about the details of a potential cyber addition to the omnibus.
Congress has been busy with cybersecurity legislation this year. In October, the Senate passed the Cybersecurity Information Sharing Act, known as...
November 12, 2015
The behemoth Consumer Financial Protection Bureau (CFPB) played a big role in Tuesday night’s GOP presidential debate on Fox Business, both during the commercials and in the candidate’s answers.
A new ad by American Action Network that made its debut during commercial break correctly linked the CFPB—created by the Dodd-Frank so-called financial reform act rammed through Congress in 2010—to denial of mortgages and car loans due to the CFPB’s costly and paternalistic rules that hit Main Street bank and credit unions. The candidates critical of Dodd-Frank dinged those same policies, but often without naming the CFPB.
Carly Fiorina called out the CFPB directly and for another disturbing policy. She pointed out that...
November 4, 2015
Most Americans own a smartphone and use cloud computing services such as Gmail, Dropbox, and Facebook. Increasingly, we store sensitive data on our devices and in the cloud—but is it safe?
On Tuesday, October 20, 2015, the Competitive Enterprise Institute held a briefing to discuss the current debate over data encryption. It was moderated by CEI Associate Director of Technology Studies Ryan Radia. Watch the video below:
October 26, 2015
This week, the U.S. Senate will vote on the Cybersecurity Information Sharing Act. Also known as “CISA,” the bill aims to improve cybersecurity by making it easier for companies and the government to share information about potential cyber threats with each other. (The latest version of CISA is here; a package of amendments slated to be voted on is here.) But CISA suffers from a serious flaw that Senate lawmakers have repeatedly ignored: the bill doesn’t put agencies on the hook if they misuse information shared with them in the name of cybersecurity.
CISA’s basic premise—...
August 31, 2015
On Friday, the U.S. Court of Appeals for the District of Columbia Circuit handed down its much-awaited ruling in Obama v. Klayman, one of several lawsuits challenging the legality of the NSA’s bulk collection of Americans’ telephone records. In 2013, the District Court for D.C. issued a preliminary injunction after it found the plaintiffs were “substantially likely” to show that the NSA was collecting their telephone records in violation of the Fourth Amendment to the U.S. Constitution. The D.C. Circuit disagreed with this conclusion, reversing the preliminary injunction and sending the case back to the lower court for further proceedings.
Although the D.C. Circuit’s...
August 27, 2015
The Daily Beast’s Justin Glawe has written an article about a North Dakota law aimed at limiting law enforcement use of unmanned aircraft systems (UAS), or drones. He claims that the law was watered down by police interests and corporate lobbyists, and that the weakened protections now authorize law enforcement’s use of non-lethal UAS-mounted weapons:
With all the concern over the militarization of police in the past year, no one noticed that the state became the first in the union to allow police to equip drones with “less than lethal” weapons. House Bill 1328 wasn’t drafted that way, but then a lobbyist representing law enforcement—tight with a booming drone industry—got his hands on it....
August 5, 2015
Today, the U.S. Senate is scheduled to vote on the Cybersecurity Information Sharing Act (CISA), which is a serious threat to civil liberties and privacy.
CEI’s Ryan Radia offered these thoughts:
CISA doesn’t provide any meaningful deterrent against government agencies using information they receive from companies in ways that exceed the uses authorized by the Act. Although CISA requires agencies to issue guidelines that are supposed to prevent the misuse of information shared under the Act, this is hardly reassuring. Agencies violate their own internal procedures and guidelines all the time with impunity, from the IRS to the State Department.
That’s why it’s critical that any cyber information sharing legislation include a provision...
April 21, 2015
The Competitive Enterprise Institute, TechFreedom and a coalition of free-market groups issued an open letter to Members of Congress, urging them to consider amendments to the National Cybersecurity Protection Advancement Act (NCPAA) of 2015. The NCPAA intends to increase cyber security by facilitating greater sharing of potential cyber threats by private companies with each other and with government. But it also raises real privacy concerns because potential Cyber Threat Indicators could include private information like email content or Internet usage history.
“Congress must ensure that agencies can’t strongarm companies into sharing information involuntarily, and that agencies can be held liable for recklessly misusing private data they might...
June 2, 2014At a recent event titled “A Statesman Forum on Cybersecurity Policy and Diplomacy” at George Washington University, House Intelligence Committee Chairman Mike Rogers (R-Mich.) stated:
Every investigation, every group that review it found no illegal activity, no abuses, and that it was lawful. It’s hard to say that there was some horrible rogue agency when all the groups that investigated it came to the same conclusion.Rep. Rogers is wrong. His statement, which referred to the National Security Agency’s data collection programs under Section 215 of the USA PATRIOT Act (50 U.S.C. § 1861), ignores the report...
May 19, 2014
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has a protected monopoly. We’ve put most of that "public utility" vision behind us in communications. Wired and wireless and satellite options abound for Internet service; we'll likely see blimps and communications drones, and who knows what else.
Yet special interests still want the Federal Communications Commission (FCC) to regulate the content flows and grid infrastructure, the prices and services of the Internet via something called net neutrality. They actually are quite open about wanting government regulated monopoly power.
The Internet as a utility, like the power company....