[LINK] 'kill switch' bill passes US Senate Committee

Stilgherrian stil at stilgherrian.com
Sat Jun 26 09:53:39 AEST 2010


Calling this US legislation a "kill switch" is misleading. There are no new powers, and indeed the legislation would give POTUS the ability to take a more graduated course of action.

SANS director Alan Paller said this in a recent editorial, reproduced at "Information Week":
http://www.informationweek.com/blog/main/archives/2010/06/theres_no_new_i.html

    There is no kill switch in the Lieberman-Collins Bill
    (formally known as Protecting Cyberspace as a National
    Asset Act, S. 3480). But there is one already on the books
    in the 1996 Telecommunications Act.
    
    The Lieberman-Collins bill just authorizes standard
    filtering like that done by ISPs every day, but in a
    nationally-coordinated fashion. The only kill switch
    appears to be in Sec. 706(c) of the 1996
    Telecommunications Act, that already gives the President
    the power in a time of national security emergency to shut
    down or disrupt internet traffic. The Lieberman Collins
    Bill is much more measured and effective.
    
    The relevant sections of both bills are provided below.
    Read them yourself. The press has been totally fooled by
    IT and telephone company lobbyists, and by an incorrect
    article from a CNET reporter (I wonder who gave him the
    incorrect data). That false press report got repeated over
    and over.
    
    If you are a journalist, next time you hear one of the
    lobbyists talk about "unintended consequences" and "kill
    switches" remember how the car companies tried to block
    mandatory seat belts by saying "your wives and children
    will die in car fires because the seat belts will keep
    them from getting out of their cars in time." And you
    might consider recalling the immortal words of Garrison
    Keillor, "Liar, liar, pants on fire."

The legislation itself is at:
http://hsgac.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=42926cbe-76fd-4eeb-a08b-d7838a4aae8f

Section 248 is what you're after:

    If the President issues a declaration under paragraph (1),
    the Director shall-
    
    (A) immediately direct the owners and operators of covered
    critical infrastructure subject to the declaration under
    paragraph (1) to implement response plans required under
    section 248(b)(2)(C);
    
    (B) develop and coordinate emergency measures or actions
    necessary to preserve the reliable operation, and mitigate
    or remediate the consequences of the potential disruption,
    of covered critical infrastructure;
    
    (C) ensure that emergency measures or actions directed
    under this section represent the least disruptive means
    feasible to the operations HEN10601 S.L.C. of the covered
    critical infrastructure and to the national information
    infrastructure;
    
    (D) subject to subsection (g), direct actions by other
    Federal agencies to respond to the national cyber
    emergency;
    
    (E) coordinate with officials of State and local
    governments, international partners of the United States,
    owners and operators of covered critical infrastructure
    specified in the declaration, and other relevant private
    section entities to respond to the national cyber
    emergency;
    
    (F) initiate a process under section 248 to address the
    cyber risk that may be exploited by the national cyber
    emergency; and
    
    (G) provide voluntary technical assistance, if requested,
    under section 242(f)(1)(S)."

Section 706(c) of the 1996 Telecommunications Act:

    Upon proclamation by the President that there exists war
    or a threat of war, or a state of public peril or disaster
    or other national emergency, or in order to preserve the
    neutrality of the United States, the President, if he
    deems it necessary in the interest of national security or
    defense, may suspend or amend, for such time as he may see
    fit, the rules and regulations applicable to any or all
    stations or devices capable of emitting electromagnetic
    radiations within the jurisdiction of the United States.

Stil, a "kill switch" sounds ever so dramatic, doesn't it...

Stil


-- 
Stilgherrian http://stilgherrian.com/
Internet, IT and Media Consulting, Sydney, Australia
mobile +61 407 623 600
fax +61 2 8569 2006
Twitter: stilgherrian
Skype: stilgherrian
ABN 25 231 641 421





More information about the Link mailing list