Apr 172013
 
 April 17, 2013  Business, Govt, Laws

While some people welcomed the White House’s threat to veto CISPA, not everyone appreciated it. For a different perspective, read Stewart Baker’s commentary:

This White House sure knows how to snatch defeat from the jaws of victory.

The President’s threat to veto CISPA (Download Cyber – S A P ) will likely kill cybersecurity legislation for the year.

Here’s the sentence that I believe will eat away at support for the legislation among its last defenders in Silicon Valley:  “The Administration … remains concerned that the bill does not require private entities to take reasonable steps to remove irrelevant personal information when sending cybersecurity data to the government or other private sector entities.”

Those last four words signal a big change in the status quo.  Most companies today can share information voluntarily with the government without legal constraint, though electronic service providers must demand a subpoena before sharing information. And practically all companies, including electronic service providers, may share cybersecurity information with other private companies without worrying that the government is looking over their shoulders.

So in demanding that CISPA limit sharing with “other private sector entities,” the Administration is proposing a sweeping new regulatory scheme for the private sector. The scheme will actually impair cybersecurity by restricting the information-sharing companies now conduct to protect their networks.

Read more on The Volokh Conspiracy.

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