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The new bill says:
"The President....in the event of an immediate threat (may) declare a cybersecurity emergency; and may, if the President finds it necessary for the national defense and security, and in coordination with relevant industry sectors, direct the national response to the cyber threat and the timely restoration of the affected critical infrastructure information system or network."
In other words, he can shut down the Internet and leave privacy, authority, and security effectiveness unresolved. According to EFF's senior staff attorney, Lee Tien:
"The language has changed but it doesn't contain any real additional limits. It simply switches the more direct and obvious language they had originally to the more ambiguous (version). The designation of what is a critical infrastructure system or network as far as I can tell has no specific process. There's no provision for any administration process or review. That's where the problems seem to start. And then you have the amorphous powers that go along with it."
Esguerra adds:
"there is vague language about mapping federal and private networks; there is an unexplained scheme to certify cybersecurity professionals at the federal level; and the mandated implementation of a 'cybersecurity strategy' before the completion of a legal review that could protect against inadvertent privacy violations or inefficiency."
In late February, Director of National Intelligence, Admiral Dennis Blair, told the House Intelligence Committee that the NSA, not DHS, should be in charge of cybersecurity even though it has a "trust handicap" to overcome because of its illegal spying:
"I think there is a great deal of distrust of the National Security Agency and the intelligence community in general playing a role outside of the very narrowly circumscribed role because of some of the history of the FISA issue in years past...." So Blair asked the committee's leadership to find a way to instill public confidence.
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