The focus of the debate about federal government issues has been on health care for the past few months. While a healthy debate on the federal government's role in health care is fitting, there are other issues that ought to get some attention.
one issue is Senate Bill 733, sponsored by Jay Rockerfeller of West Virginia and co-sponsored by Olympia Snowe of Maine. The bill gives the President of the United States authority to declare a "national cybersecurity emergency" and empower the federal government to take control of private computer networks. A cursory reading of the bill finds that it is vague on what would constitute a "national cybersecurity emergency" and just what powers the federal government would have in the end over private computer networks.
Further, the bill requires certain private computer networks to be administered by people who have obtained federal certification. Again, the language is vague as to what would qualify a private computer network to need a federally certified security administrator.
Various reports have the Senate Commerce staff arguing that the bill is not going to give the President the right to take over the internet and is fact needed to address cyber terrorism or natural disasters. Fair enough.
However, what Rockerfeller and his committee staff do not see is the potential ramifications of the legislation and frankly, just how creepy it seems. Assuming that they, and President Obama, have the best of intentions, they are opening the door for someone else to use the legislation to interfere with the free flow of ideas on the internet. Legislation, especially legislation about the free flow of information on the internet, should be created not by thinking about what the writer would do or what the current President would do, but what someone who would exploit such legislation would do. That is the best way to protect the American people.
As such, Senate Bill 733 is not very well thought out. While is it assumed that the writers of the bill and the President have the best of intentions, the bill opens the door for a serious restriction on the flow of information and on private businesses. There needs to be more specific definitions of what is an emergency and what measures can be taken for the bill to be acceptable in American life.
Perhaps it comes to down to whether or not we as a people are afraid of freedom. Freedom is not for the faint of heart. Believing in freedom of information means the guy who hates your guts and lies and espouses beliefs you would die fighting against has every much a right to state them and put them online as you do. Having the courage to allow that freedom is not easy. Therefore a federal government measure that could restrict that freedom under vague terms is a dangerous thing. Some politician, some day, will be all to tempted to use it for reasons other than a true emergency.
But, to those of us who believe in freedom, we know it is freedom of information that eventually wins in the marketplace of ideas if the ideas are espoused. People are not all evil. The vast majority of people are good, and they want what is best for themselves, their families, and their communities. Businesses who service the internet want to serve those people. If you believe in people, and in private enterprise, there is no fear about what computer networks would do in a crisis. The best of America would come out, with or without the federal government. Perhaps China or Iran has to have such powers of the state over the internet, but in the United States we do not.
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You wearing your tin foil hat, Brian?
ReplyDeleteI heard Komando talking about this bill yesterday. I think it's much more threatening than you describe.
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