Berin Szoka & Ryan Radia write:
Days before August recess, Senate Democrats are scrambling to pass legislation creating a new federal bureaucracy to set supposedly “voluntary” standards for cybersecurity. The bill, spearheaded by Sen. Joe Lieberman (I-Conn.), also gives companies sweeping immunity from being sued for a range of actions aimed at countering cyber threats. While Senate Majority Leader Harry Reid has said he’ll allow few amendments to the bill, he will allow a vote on a crucial amendment (SA 2732) backed by Senators Rand Paul (R-Ken.) and Al Franken (D-Minn.).
Before any amendments are voted on, however, Reid needs the support of 60 Senators to proceed. Fortunately for supporters of limited government, it’s unclear whether Reid has the votes to clear this morning’s vote.
If the bill does moves forward, it should include the Paul/Franken amendment. Their amendment would strike a section of the bill designed to encourage companies to monitor their networks and use so-called “countermeasures” against cyber attacks. While these may be sensible strategies for combating cyber threats, the bill doesn’t just permit such practices; it actually lets companies break promises they’ve made to their customers, with complete impunity. It also denies those harmed by countermeasures or monitoring their day in court.
Read more of their commentary on The Daily Caller.