Senate Bill 773 - Cyber Security or Cyber Control?

The author of this article has taken the time to read the text of Senate Bill 773. As legislative documents go, this Bill is relatively short - only 55 pages in length. For the most part, the Bill makes a lot of sense. It begins with a series of background and justifications for the existence of such a statute and moves into the meat-n-potatoes of the subject. And, for the most part, the legislative piece has some very good provisions that range from uniformed government standards for cyber-security to scholarships for aspiring cyber-security students. However, there is indeed a provision in the act that deserves the alarm that has been raised over the weekend.

The problem comes in the Bill’s language found in Sections 18(2), 18(3), 18(6), and 23(3)(b). In these sections and sub-sections the Bill provides the President of the United States with the authority to shut-off or limit the internet traffic for all systems in the National, State, local, and NON-GOVERNMENTAL INFORMATION SYSTEMS in times where he/she has declared a "Cyber-Emergency." The use of the term "Non-Governmental information systems" is what has drawn so much fire from the public and numerous civil liberties organizations.

As the provisions concerning the President’s right to limit, shut-off, or disconnect information systems are currently worded, ALL INFORMATION SYSTEMS (Government and Private systems) are subject to this authority. Under this Legislative Act the President will be given what many believe to be dangerous control over a key information resource for the public generally and private citizens.

In essence, if the President decided that the information system of Fox News is in "Cyber-Emergency" and a "United States critical infrastructure information system" because Mr. Glen Beck offended his pride or exposed some fraud he desired to keep silenced then he could order its disconnection from the internet, shut-down, or severe limitation (such as the shut-down of their web-site). Basically, this Act, as it is presently worded, gives President Barack Hussein Obama the authority to effectively silence dissenting citizens and organizations with the stroke of a pen. This is exactly what President Mahmoud Ahmadinejad has done in Iran to his opposition following the latest Iranian presidential elections. He declared a state of emergency and began shutting down internet systems, communications, and cellular networks in order to disrupt dissenting communications and to prevent the dissemination of government violations of human rights.

This is indeed how the Bill is written. But, it isn’t believed by this writer to be the actual intent of the legislators. What appears to be the case is that the Act is intended to allow the President to order the shut-down, limitation, and/or disconnection of Federal, state, and local government systems and those systems that belong to Commercial Entities that are federally contracted and possess or process critical, classified, information and systems. The wording is certainly inappropriate but the intent is appropriate.

As it is presently worded, the Senate Bill 773 should be adamantly opposed in order to ensure that the wording is appropriate. There is a balance between citizen rights and government infrastructure security which needs to be met in this situation. If worded to specify "non-governmental infrastructure information systems" as applying solely to those infrastructures of commercial organizations that provide key defense cyber-services or who generate, store, and process classified data then the Act would be effective in achieving the intended goal. It will ensure that the President has clear authority to protect and preserve the government network while preserving the civil liberties of the common citizenry.

Another key issue with this piece of legislation is the fact that it fails to place definitive standards that must be met before a condition may be declared a "Cyber-Emergency." There is absolutely no definition or set of criteria for this term which adds to the hazardousness of the power bestowed upon the President of the United States. It is an imperative to establish minimum standards which must be met before a "Cyber-Emergency" can be declared. This will prevent "at a whim" decisions by the Chief Executive.

This Bill, without appropriate re-wording and term definitions, renders the President of the United States far more power and ability to control information than is necessary to ensure the safety of the government’s infrastructure. If enacted this Act could certainly open the doors for the current and all subsequent presidents to act in a corrupt and wrongful (but legal) manner against the people of this nation. Generally, the law provides for a means of preventing dissention from being voiced - it violates the ability of the citizenry to exercise their right to speak freely and openly without retribution from the government or any other person or group.

In view of the recent behavior of the Democratic Party and members of that party who are in legislative and executive branches of government, it is quite understandable and reasonable to assume that the Bill will be abused. If the President could silence all sources of opposition to the Socialization of Medicine in the country he certainly would do so. If he could do more than simply ask for a boycott of a reporter’s show and blogs he most certainly would do so. If Congressional members could shut-down conservative websites and news blogs the temptation would be overwhelming and those groups would be silenced.

Such would be beyond what is known as the "American way." It must be remembered that "absolute power corrupts absolutely."