Tag: action

Wikileaks Releases TPP Secret Text on International Property Rights

SOPA Reddit Warrior photo refresh31536000resize_h150resize_w1.jpg Details of a highly secretive, multi-national trade agreement in the works have been published by WikiLeaks, and a warning there will be vast implications for much of the modern world if the contract is approved.

WikiLeaks has released the draft text of a chapter of the Trans-Pacific Partnership (TPP) agreement, a multilateral free-trade treaty currently being negotiated in secret by 12 Pacific Rim nations.

The full agreement covers a number of areas, but the chapter published by WikiLeaks focuses on intellectual property rights, an area of law which has effects in areas as diverse as pharmaceuticals and civil liberties.

Negotiations for the TPP have included representatives from the United States, Canada, Australia, New Zealand, Japan, Mexico, Malaysia, Chile, Singapore, Peru, Vietnam, and Brunei, but have been conducted behind closed doors. Even members of the US Congress were only allowed to view selected portions of the documents under supervision.

Here is the full text of press release by Wikileak’s founder Julian Assange

Today, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.

The TPP is the forerunner to the equally secret US-EU pact TTIP (Transatlantic Trade and Investment Partnership), for which President Obama initiated US-EU negotiations in January 2013. Together, the TPP and TTIP will cover more than 60 per cent of global GDP. Both pacts exclude China.

Since the beginning of the TPP negotiations, the process of drafting and negotiating the treaty’s chapters has been shrouded in an unprecedented level of secrecy. Access to drafts of the TPP chapters is shielded from the general public. Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision. It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ‘trade advisers’ – lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Walmart – are granted privileged access to crucial sections of the treaty text.

The TPP negotiations are currently at a critical stage. The Obama administration is preparing to fast-track the TPP treaty in a manner that will prevent the US Congress from discussing or amending any parts of the treaty. Numerous TPP heads of state and senior government figures, including President Obama, have declared their intention to sign and ratify the TPP before the end of 2013.

WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is aggressively pushing the TPP through the US legislative process on the sly.” The advanced draft of the Intellectual Property Rights Chapter, published by WikiLeaks on 13 November 2013, provides the public with the fullest opportunity so far to familiarise themselves with the details and implications of the TPP.

The 95-page, 30,000-word IP Chapter lays out provisions for instituting a far-reaching, transnational legal and enforcement regime, modifying or replacing existing laws in TPP member states. The Chapter’s subsections include agreements relating to patents (who may produce goods or drugs), copyright (who may transmit information), trademarks (who may describe information or goods as authentic) and industrial design.

The longest section of the Chapter – ‘Enforcement’ – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons. Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards. The TPP IP Chapter states that these courts can conduct hearings with secret evidence. The IP Chapter also replicates many of the surveillance and enforcement provisions from the shelved SOPA and ACTA treaties.

The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP meeting in Brunei – unlike any other TPP-related documents previously released to the public – contains annotations detailing each country’s positions on the issues under negotiation. Julian Assange emphasises that a “cringingly obsequious” Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South Korea, Indonesia, the Philippines and, most significantly, Russia and China – have not been involved in the drafting of the treaty.

In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”

Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.

President Barack Obama wants to fast track this travesty through Congress which means there would be little or no debate and it could not be amended. This is a dangerous agreement that will endanger sovereign and individual rights, plunge millions of people around the world into poverty and condemn many of them to death by  limiting access to affordable medicines. It is time to stop this. Join the movement to Stop the TPP and send a message to your representatives telling them to reject the TPP.

As an addendum, I suggest you read Yves Smith at naked capitalism to further understand how secret panels would undermine our law and regulations.

Jump below the fold for the text of the 95 page agreement.

TPP Moves Toward Fast Track in the Senate

Late last month in the midst of the media obsession over the failure of a web site, the Senate Finance Committee called on congress to pass fast-track legislation aimed at smoothing the passage of any future trade deals that would include the Trans-Pacific Partnership Agreement.

Panel Chairman Max Baucus (D-Mont.) and ranking member Orrin Hatch (R-Utah) said during a trade hearing that they are working on crafting trade promotion authority (TPA) legislation and are expecting the Obama administration to work with them toward gaining its approval in Congress.

Baucus said it is time to “pass TPA and do it soon.”

He noted that President Obama has asked Congress to craft legislation and U.S. Trade Representative Michael Froman is encouraging lawmakers to move forward so “it’s time for us to do our part, introduce a bill and do it quickly.” [..]

The hearing’s witnesses placed a high level of importance on completing TPA because it they argued that it will strengthen the negotiating hand of U.S. trade officials who are working on the U.S.-European Union trade deal as well as the Trans-Pacific Partnership (TPP).

The TPP is a 12-nation Asia-Pacific trade agreement that Obama and Froman, along with many of the other negotiators, are aiming to complete by the end of the year.

What does “fast track” mean? I think Charles Pierce summarized it nicely

Sometime very soon, the Congress is likely to pass — with limited, if any debate and no amendments possible — a massive trade deal that was negotiated in secret, and the terms of which remain largely secret, and which, if the past is any kind of prologue, will drop a thousand-pound stink bomb on American jobs.

Debate (theoretically) cannot ever end on Mel Watt and his middling level federal job.

Debate cannot even begin on the Trans-Pacific Partnership.

Check the umpire because somebody’s screwing us.

The umpire is President Barack Obama and his merry band of corporate thieves.

Time is getting short. Take Action Now. Write your congress members. Tell them to stop this undemocratic process. Sign the petition to stop back room deals for the 1%.

TPP: Its Real Agenda

President Barack Obama is pushing approval of The Trans-Pacific Partnership by the end of the year.

U.S. Trade Representative Michael Froman said on Tuesday that world trade ministers may discuss the U.S.-proposed Trans-Pacific Partnership (TPP) on the sidelines of a World Trade Organization meeting that starts on December 3, with a goal of reaching a deal by year-end.

But several outstanding issues remain, he told reporters at the Asia-Pacific Economic Cooperation (APEC) summit on the Indonesian island of Bali, citing issues ranging from intellectual property to state-owned enterprises, labor and the environment. The WTO meeting will also be held on Bali.

The three-year-old TPP talks, now involving 12 nations, are aimed at establishing a free-trade bloc that would stretch from Vietnam to Chile to Japan, encompassing 800 million people, about a third of world trade and nearly 40 percent of the global economy.

A major goal of the Obama administration, the TPP would tear down trade barriers in areas such as government procurement and set standards for workers’ rights, environmental protection and intellectual property rights.

In actuality, the TPP has little to do with free trade. In a thirty minute interview with Bill Moyers, investment banking expert Yves Smith who runs the blog naked capitalism and economist Dean Baker, co-director of the Center for Economic and Policy Research discuss the real agenda of the agreement.

A US-led trade deal is currently being negotiated that could increase the price of prescription drugs, weaken financial regulations and even allow partner countries to challenge American laws. But few know its substance.

The pact, the Trans-Pacific Partnership (TPP), is deliberately shrouded in secrecy, a trade deal powerful people, including President Obama, don’t want you to know about. More than 130 members of Congress have asked the White House for greater transparency about the negotiations and were essentially told to go fly a kite. While most of us are in the dark about the contents of the deal, which Obama aims to seal by year end, corporate lobbyists are in the know about what it contains.

How the Trans-Pacific Partnership Would Roll Back the Financial Regulations Needed to Avoid Another Crisis

by Expose the TPP

   The TPP would ban capital controls, an essential policy tool to counter destabilizing flows of speculative money. Even the International Monetary Fund has recently endorsed capital controls as legitimate for mitigating or preventing financial crises.

   The TPP would prohibit taxes on Wall Street speculation. That means that there would be no hope of passing proposals like the Robin Hood Tax, which would impose a tiny tax on Wall Street transactions to tamp down speculation-fueled volatility while generating hundreds of billions of dollars’ worth of revenue for social, health, or environmental causes.

   The TPP would empower financial firms to directly attack these government policies in foreign tribunals, and demand taxpayer compensation for policies they claim undermine their expected future profits.

The Trans-Pacific Partnership: A Trade Agreement for Protectionists

By Dean Baker, Center for Economic and Policy Research

There are many other areas where we could envision freer trade bringing real gains to the bulk of the population. However this is not what the TPP is about. The TPP is about crafting rules that will favor big business at the expense of the rest of the population in both the United States and in other countries.

For example, we can expect to see limits on the ability of national and sub-national governments to impose environmental restrictions, such requirements that companies engaging in fracking disclose the list of chemicals they use. There may also be limits on the extent to which governments can restrict the sale of genetically modified foods, with rules on labeling. And, the TPP may prevent governments from imposing restraints on financial firms that would prevent the sort of abuses that we saw during the run-up of the housing bubble.

The world has benefited from the opening of trade over the last four decades. But this opening has been selective so that, at least in the United States, most of the gains have gone to those at the top. It is possible to design trade deals that benefit the population as a whole, but not when corporate interests are literally the negotiators at the table. Rather than being about advancing free trade, the TPP is the answer to the question: “how can we make the rich richer?

Another Reason to Hate TPP: It Gives Big Content New Tools to Undermine Sane Digital Rights Policies

by Corynne McSherry and Maira Sutton, Electronic Freedom Foundation

Like the rest of the TPP, we only know what has been leaked. Based on that, it seems the negotiators are poised to give private corporations new tools to undermine national sovereignty and democratic processes. Specifically, TPP would give multinational companies the power to sue countries over laws that that might diminish the value of their company or cut into their expected future profits.

The provision that gives them this power is called “investor-state dispute settlement” (or ISDS for short). The policy was originally intended to ensure that investments in developing countries were not illegally expropriated by “rogue” governments, thereby encouraging foreign investment. But what began as a remedy to a specific problem has since been co-opted to serve very different purposes. Under investor-state, if a regulation gets in the way of a foreign investor’s ability to profit from its investment, the investor can sue a country for monetary damages based on both alleged lost profits and “expected future profits.” There are no monetary limits to the potential award.

Apparently a country’s own courts can’t be trusted to administer this kind of lawsuit, so investor-state also requires the creation of a new court. It would be comprised of three private-sector attorneys who take turns being judge and/or corporate advocate.

TPP: Obama’s Trojan Horse

The government shutdown and the threat of default on debt payments kept President Barack Obama from attending the recent round of talks on the Trans-Pacific Partnership (TPP). The president has hopes that it will be finished by the end of the year. Major corporations are urging the Pres. Obama not to “water down” the agreement which would put billions in their pockets sucking more money from the 99%, creating an even bigger income gap around the world. The TPP, which has been negotiated in secret since the Bush administration, would prioritize corporate rights over the rights of consumers and workers. In June, Rep. Alan Grayson was allowed to read the text of the TPP, that he described as “an anti-American power grab by big corporations

The TPP is a large, secret trade agreement that is being negotiated with many countries in East Asia and South America.

The TPP is nicknamed “NAFTA on steroids.”  Now that I’ve read it, I can see why. I can’t tell you what’s in the agreement, because the U.S. Trade Representative calls it classified. But I can tell you two things about it.

1)    There is no national security purpose in keeping this text secret.

2)    This agreement hands the sovereignty of our country over to corporate interests.

3)    What they can’t afford to tell the American public is that [the rest of this sentence is classified].

(Well, I did promise to tell you only two things about it.)

I will be fighting this agreement with everything I’ve got. And I know you’ll be there every step of the way.

Besides this agreement being labeled a secret except for the business insiders who are negotiating it, the corporations want Congress to “fast track” it’s approval which the president the ability to put an accord before lawmakers for an up-or-down vote. This would assure that the TPP would pass without congressional oversight. However, some lawmakers are balking, at not only fast tracking the agreement, but the agreement itself:

A growing chorus of lawmakers is calling for trade negotiators to address issues including currency manipulation, food-safety standards and competition with state-backed industries as the administration seeks “fast-track” authority to smooth eventual passage of the Trans-Pacific Partnership.

“I oppose fast-track authority like what we have had in the past,” Representative Rosa DeLauro, a Connecticut Democrat, said on a conference call today with reporters. “We are not just here to rubber stamp what gets done” by trade negotiators, she said. [..]

Negotiations are “being done without sufficient input from members of Congress,” DeLauro said. Lawmakers should have more of a say because the TPP is a 21st century agreement that goes beyond traditional tariff deals, she said. The TPP would entail issues including environmental protection, Internet trade, access to medicines and market access for small businesses.

A bipartisan group of 60 senators — a bloc big enough to sink a trade accord — on Sept. 24 urged the administration to include provisions to prevent currency manipulation in U.S. free-trade agreements.

Lori Wallach, director of Public Citizen’s Global Trade Watch, joined Democracy Now!‘s Amy Goodman and Juan González to discuss how this corporate “Trojan Horse” would rewrite US laws and regulation

While the text of the treaty has been largely negotiated behind closed doors and, until June, kept secret from Congress, more than 600 corporate advisers reportedly have access to the measure, including employees of Halliburton and Monsanto. “This is not mainly about trade,” says Lori Wallach, director of Public Citizen’s Global Trade Watch. “It is a corporate Trojan horse. The agreement has 29 chapters, and only five of them have to do with trade. The other 24 chapters either handcuff our domestic governments, limiting food safety, environmental standards, financial regulation, energy and climate policy, or establishing new powers for corporations.

The Electronic Freedom Foundation is fighting the fast tract of this agreement and calling for open congressional hearings.

President Obama was scheduled to meet with the leaders of the other eleven countries negotiating the Trans-Pacific Partnership agreement ahead of the Asia-Pacific Economic Cooperation (APEC) meeting in Bali, supposedly to plan the “end-game” for this massive trade deal. However, he has made a sudden decision to cancel his trip, claiming that this was a casualty of the government shutdown. Obama’s announcement adds to the impression that goal of completing TPP at APEC has become unobtainable and reveal how precariously the negotiations are going.

There are reports that the remaining TPP country leaders who will be attending the APEC meeting will still be convening “with the aim of hammering out a framework.” As we’ve also previously mentioned, smaller issue-specific intersessional meetings have also grown more frequent and gone even further underground. So while the news of his trip getting cancelled is indeed welcome news, the TPP still could be signed even as its contents remain hidden from the public.

They also have  website “Why the Heck Should I Care About the TPP?” which lets you click through different facts about the agreement and how it will impact us as users.

We here at Stars Hollow and Docudharma urge you to take action and demand Congress exercise their Constitutional authority to oversee the U.S. trade negotiations.

Anti-Capitalist Meetup: We Need to Support Walmart Workers’ #Ride4Respect by JayRaye

forrespect

#Ride4Respect

Right now as you read this, Walmart Workers are on buses and they are caravanning from various cities to Bentonville, Arkansas where Walmart will be holding its annual shareholders meeting on June 7th. They plan to make their presence known by urging Walmart to stop its retaliation against associates who dare to speak out about working conditions. The #Ride4Respect uses the Freedom Riders of the Civil Rights Movement for inspiration. Completely appropriate, in my book. The fight for our rights as workers is a struggle for civil and human rights. Workers are American Citizens, and we are human beings. We don’t stop being Human Beings and Citizens when we pass through the doors of our place of employment.

One of the rights guaranteed to working people by U.S. Labor Law, is the right to speak out about the conditions of labor, and to do so without retaliation from our employer. That retaliation is illegal! Walmart’s retaliation has not ceased, in spite of denial that it exists, and in spite of promises to stop this retaliation (which they deny exists!) This is where the Unfair Labor Practice Strike comes into the picture. Striking Walmart Workers are a big part of the #Ride4Respect. This strike is historic as it will be the first prolonged ULP strike made by Walmart Workers. They are taking OUR Walmart’s fight for respect to another level.

Lisa Lopez walks and gives notice of ULP strike.

A Woman of Courage has put on her fighting clothes!

Mother Jones would be proud!

CISPA IS Dead, For Now

CISPA Kitty photo blog_cispacat_zps96b502e5.jpgThe Senate will not vote on the Cyber Intelligence Sharing and Protection Act, CISPA, that was passed by the House last week.

Sen. Jay Rockefeller (D-W.V.), who is chairman of the Senate Commerce Committee, “believes that information sharing is a key component of cybersecurity legislation, but the Senate will not take up CISPA,” a committee staffer told HuffPost.

A staffer for the Senate Intelligence Committee said the committee also is working on an information-sharing bill and will not take up CISPA.

“We are currently drafting a bipartisan information sharing bill and will proceed as soon as we come to an agreement,” Sen. Dianne Feinstein (D-Calif.), chairwoman of the Senate Intelligence Committee, said in a statement Thursday.

CISPA Is ‘Dead for Now,’ Thanks to a Left-Right Coalition for Online Privacy

by John Nichols, The Nation

What brings the most seriously libertarian Republican in the US House, Michigan’s Justin Amash, together with Congressional Progressive Caucus co-chair Keith Ellison, D-Minnesota?

What unites long-time Ronald Reagan aide Dana Rohrabacher, R-California, with liberal firebrand Alan Grayson, D-Florida?

What gets steadily conservative former House Judiciary Committee chair James Sensenbrenner, R-Wisconsin, together with progressive former House Judiciary Committee chair John Conyers Jr., D-Michigan?

The Fourth Amendment to the Constitution, which has for 222 years promised that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

That’s an old commitment that members of Congress swear an oath to uphold. [..]

CISPA actually won 288 “yes” votes in the House, but the 127 “no” votes-coming from principled members on both sides of the aisle-sent a strong message to the more deliberative Senate. In combination with a grassroots campaign spearheaded by tech-savvy privacy activists and a threatened veto by President Obama, the bipartisan House opposition appears to have convinced Senate leaders have signaled that they plan to put the legislation on hold. The American Civil Liberties Union on Thursday suggestion that CISPA looks to be “dead for now.”

ACLU: CISPA Is Dead (For Now)

By Jason Koebler, US News

The Senate will not take up the controversial cybersecurity bill, is drafting separate legislation

“I think it’s dead for now,” says Michelle Richardson, legislative council with the ACLU. “CISPA is too controversial, it’s too expansive, it’s just not the same sort of program contemplated by the Senate last year. We’re pleased to hear the Senate will probably pick up where it left off last year.”

That’s not to say Congress won’t pass any cybersecurity legislation this year. Both Rockefeller and President Obama want to give American companies additional tools to fight back against cyberattacks from domestic and foreign hackers.

But cybersecurity legislation in the Senate, such as the Cybersecurity and American Cyber Competitiveness Act of 2013, has greater privacy protections than CISPA does. Richardson says that bill makes it clear that companies would have to “pull out sensitive data [about citizens]” before companies send it to the government and also puts the program under “unequivocal civilian control,” something CISPA author Rep. Mike Rogers, R-Mich., was unwilling to do.

Even if the Senate gets something done, Rogers and other CISPA supporters will likely have to compromise more than they’ve been willing to over the past year as Obama has made it clear he will veto legislation that doesn’t have more privacy protections.

CISPA Is Dead. Now Let’s Do a Cybersecurity Bill Right

by Julian Sanchez, Wired

Americans have grown so accustomed to hearing about the problem of “balancing privacy and security” that it sometimes feels as though the two are always and forever in conflict – that an initiative to improve security can’t possibly be very effective unless it’s invading privacy. Yet the conflict is often illusory: A cybersecurity law could easily be drafted that would accomplish all the goals of both tech companies and privacy groups without raising any serious civil liberties problems.

Few object to what technology companies and the government say they want to do in practice: pool data about the activity patterns of hacker-controlled “botnets,” or the digital signatures of new viruses and other malware. This information poses few risks to the privacy of ordinary users. Yet CISPA didn’t authorize only this kind of narrowly limited information sharing. Instead, it gave companies blanket immunity for feeding the government vaguely-defined “threat indicators” – anything from users’ online habits to the contents of private e-mails – creating a broad loophole in all federal and state privacy laws and even in private contracts and user agreements.

Given that recent experience has shown companies shielded by secrecy often err on the side of oversharing with the government, that loophole was a key concern. So why the gap between what the law permits and its supporters’ aims?

It’s a principle wonks call tech neutrality. Nobody wants to write a bill that refers too specifically to the information needed to protect current networks (like “Internet Protocol addresses” or “Netflow logs”) since technological evolution would render such language obsolete over time.

Keystone XL Comments Close Today

Offer Ends Soon, Act Now: Keystone Pipeline Public Comment Period Closes On Monday

By Ryan Koronowski, Think Progress from Climate Progress

Apr 21, 2013 at 3:00 pm

The last day that the State Department will accept public comments on what should be done about the Keystone pipeline proposal is Monday, April 22nd. This will end a 45 day period that started with the placement of the Draft Environmental Impact Statement (EIS) in the Federal Register. That draft statement becomes final on June 21st, and then in a matter of months, the State Department will issue a National Interest Determination. At that point, it would be difficult to reverse a decision, so the time for the public to tell the Administration how burning tar sands oil will impact the climate is now.The last day that the State Department will accept public comments on what should be done about the Keystone pipeline proposal is Monday, April 22nd. This will end a 45 day period that started with the placement of the Draft Environmental Impact Statement (EIS) in the Federal Register. That draft statement becomes final on June 21st, and then in a matter of months, the State Department will issue a National Interest Determination. At that point, it would be difficult to reverse a decision, so the time for the public to tell the Administration how burning tar sands oil will impact the climate is now.

The Think Progess article has some links to sources and suggested subjects, there has also been a #NOKXL Blogathon at Daily Kos.  To me there are 5 primary reasons to oppose Keystone XL-

  • Mayflower, Arkansas
  • The refined oil is destined for export profit, not “energy independence”.
  • Only 35 permanent jobs will be created.
  • There is no demand for more oil.

And the number one reason to oppose Keystone XL-

  • In order to limit global warming to below 2 degrees Celsius (mass extinction level), scientists say we can emit only 565 more gigatons of carbon dioxide into the atmosphere, but the fossil fuel industry has roughly 2,795 gigatons of carbon dioxide just in their reserves, over five times too much.

I trust most of our readership has already taken action, but if not today is your last chance.

Stop CISPA Moves to the Senate

Stop CISPA The controversial data sharing bill, Cyber Intelligence Sharing and Protection Act (CISPA) was passed by the House by a vote of 288 – 127, as 92 Democrats voted for the bill, while 29 Republicans voted against it. The bill passed without the privacy protections that civil liberties advocates felt were necessary, an objection that was echoed by the White House with a veto threat earlier this week. An attempt by the lead sponsors of the bill, Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.), offered an amendment to mollify the objections but privacy advocates stated that it fell short of what was needed to safeguard an individual’s right to privacy.

Amendments that were proposed to protect Fourth Amendment rights were not even allowed debate by the rules committee:

Rep. Alan Grayson, a Florida Democrat, proposed a one-sentence amendment (PDF) that would have required the National Security Agency, the FBI, Homeland Security, and other agencies to secure a “warrant obtained in accordance with the Fourth Amendment” before searching a database for evidence of criminal wrongdoing.

Grayson complained this morning on Twitter that House Republicans “wouldn’t even allow debate on requiring a warrant before a search.” [..]

CISPA is controversial because it overrules all existing federal and state laws by saying “notwithstanding any other provision of law,” including privacy policies and wiretap laws, companies may share cybersecurity-related information “with any other entity, including the federal government.” It would not, however, require them to do so. [..]

Because Grayson’s amendment was not permitted, CISPA will allow the federal government to compile a database of information shared by private companies and search that information for possible violations of hundreds, if not thousands, of criminal laws. [..]

“The government could use this information to investigate gun shows” and football games because of the threat of serious bodily harm if accidents occurred, Polis said. “What do these things even have to do with cybersecurity?… From football to gun show organizing, you’re really far afield.”

At the heart of CISPA is warrantless searches a clear violation of the Fourth Amendment which reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This has had a strange effect of uniting the left and right in the opposition to the bill. The Tea Party aligned group Freedom Works issued this statement:

CISPA would allow for more information sharing between the private sector and the federal government regarding cyber security. Although this year’s CISPA is a net improvement over last year’s bill, it still leaves open concerns about private information being shared in the name of national security.

There are grave Fourth Amendment concerns with CISPA. The bill would override existing privacy laws to allow companies to share “cyber threat information” with the federal government without making any reasonable effort to strip out any personal information from the file.

They even have a site to actively Stop CISPA along with the ACLU and the Electronic Freedom Foundation. Strange bedfellows, indeed.

Passage in the Senate without addition of privacy protections is doubtful but one never knows:

The discussion now shifts to the Democrat-controlled Senate, which appears unlikely to act on the legislation in the wake of a presidential veto threat earlier this week, and an executive order in January that may reduce the need for new legislation. Today’s House vote, on the other hand, could increase pressure on the Senate to enact some sort of legislation.

Sen. John Rockefeller, a West Virginia Democrat who was involved in last year’s cybersecurity debate, said after today’s vote that “CISPA’s privacy protections are insufficient.” Still, Rockefeller said, “I believe we can gain bipartisan agreement on bills that we can report out of our committees and allow [Majority Leader Harry Reid] to bring them to the Senate floor as early as possible.”

We urge everyone to keep the pressure on the Senate and the White House by calling and e-mailing your objections:

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

The White House email address is here

Numbers for the Senate are here.

E-mail addresses for the Senate are here

Please be polite and on point.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”.

Contact the White House and your Senators to protect your privacy rights.

52 hours left to stop CISPA

Stop CISPATime to take action. As I reported last week the Cyber Intelligence Sharing and Protection Act(CISPA) was sent to the House for a vote.

From an e-mail that Joan McCarter at Daily Kos posted the e-mail from the White House issuing a veto threat of the bill as it currently stands:

The Administration recognizes and appreciates that the House Permanent Select Committee on Intelligence (HPSCI) adopted several amendments to H.R. 624 in an effort to incorporate the Administration’s important substantive concerns. However, the Administration still seeks additional improvements and if the bill, as currently crafted, were presented to the President, his senior advisors would recommend that he veto the bill. The Administration seeks to build upon the continuing dialogue with the HPSCI and stands ready to work with members of Congress to incorporate our core priorities to produce cybersecurity information sharing legislation that addresses these critical issues.

H.R. 624 appropriately requires the Federal Government to protect privacy when handling cybersecurity information. Importantly, the Committee removed the broad national security exemption, which significantly weakened the restrictions on how this information could be used by the government. The Administration, however, 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. Citizens have a right to know that corporations will be held accountable-and not granted immunity-for failing

to safeguard personal information adequately. [emphasis in original]

House Democrats are now rallying in opposition to the bill:

Four Democratic members say the Cyber Intelligence Sharing and Protection Act, or CISPA, as written “would undermine the interests of citizens and their privacy” despite the addition of five privacy-focused amendments adopted to the bill last week. They argue that the amendments do not go far enough to ease their concerns.

“Without further amendments to protect privacy and civil liberties, we cannot support the bill,” the House Democratic lawmakers write in the “Dear Colleague” letter.

“The bill has improved from earlier versions, but even with the amendments adopted, CISPA unacceptably and unnecessarily compromises the privacy interests of Americans online,” they add.

Reps. Adam Schiff (D-Calif.), Jan Schakowsky (D-Ill.), Anna Eshoo (D-Calif.) and Rush Holt (D-N.J.) signed the letter.

The House Rules Committee will meet on Tuesday afternoon to approve the rule for the bill, which will determine what amendments will be voted on in the House later this week. House members have until Tuesday morning to file their proposed amendments to the bill.

There are twelve Democratic co-sponsors to the bill. We need to send tell them to withdraw their support:

Ruppersberger, A. Dutch [D-MD2]

Costa, Jim [D-CA16]

Cuellar, Henry [D-TX28]

Enyart, William [D-IL12]

Gutierrez, Luis [D-IL4]

Hastings, Alcee [D-FL20]

Kilmer, Derek [D-WA6]

Lipinski, Daniel [D-IL3]

Peters, Scott [D-CA52]

Sewell, Terri [D-AL7]

Sinema, Kyrsten [D-AZ9]

Vargas, Juan [D-CA51]

The Electronic Freedom Foundation (EEF) is urging action:

The Cyber Intelligence Sharing and Protection Act (CISPA) is supposed to promote cybersecurity- a goal EFF wholeheartedly supports – but it doesn’t address common-sense network security issues. Instead, it creates a new, dangerous exception to existing privacy laws. That’s why hundreds of thousands of concerned Internet users have joined EFF and other civil liberties groups in opposing the bill. This is our last chance to stop it in the House.

Despite recent amendments, CISPA still features vague language that could put your personal information in the hands of military organizations like the National Security Agency.

Can you call your representative and tell him or her to oppose this bill?  We’ll give you the phone number for your representative and a very brief suggested script. Click here to call Congress now.

Not in the United States? Click here to sign our petition.

We want to generate thousands of calls between now and the vote-likely on Thursday.  Please call now and then tell your friends to speak out on this important issue. It’s as easy as posting this on your social networking accounts:

   Congress is about to vote on CISPA. If you care about online privacy, you’ve got to speak out now:  https://eff.org/r.5bPw

You can also use Twitter tool to tell key members of Congress to stand up for your privacy and vote NO on CISPA.

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

Numbers for the Senate are here.

Numbers for the House are here.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”.

Call the White House and your representatives to protect your privacy rights.

Stop CISPA: Bill Headed For Vote

Stop CISPA Last month the controversial Cyber Intelligence Sharing and Protection Act (CISPA) was resurrected in the House by Reps. Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.).

Following a closed-door meeting, the bill was voted out of the House Intelligence Committee Wednesday afternoon by a vote of 18-to-2 and privacy experts are up in arms over the lack of privacy protection that were stripped from the bill. Only two Democrats voted against the bi;;, Rep. Jan Schakowsky (D-IL) and  Rep. Adam Schiff (D-CA).

Stopping short of a veto threat, the White House said it was unlikely to support the bill

by Leigh Beadon, Techdirt

Here’s the full text of the statement from {Caitlin Hayden, a National Security Council spokeswoman):

“We continue to believe that information sharing improvements are essential to effective legislation, but they must include privacy and civil liberties protections, reinforce the roles of civilian and intelligence agencies, and include targeted liability protections. The Administration seeks to build upon the productive dialogue with Chairman Rogers and Ranking Member Ruppersberger over the last several months, and the Administration looks forward to continuing to work with them to ensure that any cybersecurity legislation reflects these principles. Further,

we believe the adopted committee amendments reflect a good faith-effort to incorporate some of the Administration’s important substantive concerns, but we do not believe these changes have addressed some outstanding fundamental priorities

.”

Where have we heard this before? FISA? The Patriot Act?

CISPA Amendment Proves Everyone’s Fears Were Justified While Failing To Assuage Them

Just this week, Rep. Rogers flatly stated this is not a surveillance bill. Still, in an attempt to placate the opposition, they backed an amendment (pdf and embedded below) from Rep. Hines replacing that paragraph, which passed in the markup phase. Here’s the new text:

   PRIVACY AND CIVIL LIBERTIES.-

   (A) POLICIES AND PROCEDURES.-The Director of National Intelligence, in consultation with the Secretary of Homeland Security and the Attorney General, shall establish and periodically review policies and procedures governing the receipt, retention, use, and disclosure of non-publicly available cyber threat information shared with the Federal Government in accordance with paragraph (1). Such policies and procedures shall, consistent with the need to protect systems and networks from cyber threats and mitigate cyber threats in a timely manner-

   (i) minimize the impact on privacy and civil liberties;

   (ii) reasonably limit the receipt, retention, use, and disclosure of cyber threat information associated with specific persons that is not necessary to protect systems or networks from cyber threats or mitigate cyber threats in a timely manner;

   (iii) include requirements to safeguard non-publicly available cyber threat information that may be used to identify specific persons from unauthorized access or acquisition;

   (iv) protect the confidentiality of cyber threat information associated with specific persons to the greatest extent practicable; and

   (v) not delay or impede the flow of cyber threat information necessary to defend against or mitigate a cyber threat.

It seems to me they are hoping that by making the section longer and more complicated, people will miss the fact that very little has changed. But what’s truly astonishing is that this new text reads like a confession that CISPA does involve all the stuff that they’ve been insisting it has nothing to do with.

The big thing, of course, is that this oversight now involves civilian agencies, which is really the only meaningful change – and its impact has been rather minimized. Rather than putting the DHS or another agency in between the public and military agencies like the NSA, they’ve simply given them some input – and it’s hard to say how meaningful that input will be.

The Privacy Risks of CISPA

by Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office

Reports of significant data breaches make headlines ever more frequently, but lost in the cloak and dagger stories of cyberespionage is the impact proposed cybersecurity programs can have on privacy. The same Internet that terrorists, spies and criminals exploit for nefarious purposes is the same Internet we all use daily for intensely private but totally innocuous purposes.

Unfortunately, in their pursuit to protect America’s critical infrastructure and trade secrets, some lawmakers are pushing a dangerous bill that would threaten Americans’ privacy while immunizing companies from any liability should that cyberinformation-sharing cause harm. [..]

Here’s what needs to happen. First, CISPA needs to be amended to clarify that civilians are in charge of information collection for cybersecurity purposes, period. Anything short of that is a fundamental failure. Second, the bill needs to narrow the definition of what can be shared specifically to say that companies can only share information necessary to address cyberthreats after making reasonable efforts to strip personally identifiable information. Industry witnesses before the House Intelligence and Homeland Security committees testified this year that this is workable, and such information isn’t even necessary to combat cyberthreats. Third, after sharing, CISPA information should be used only by government and corporate actors for cybersecurity purposes. As a corollary to that, there should be strict and aggressive minimization procedures to protect any sensitive data that slips through.

The ACLU and the Electronic Freedom Foundation (EFF) have banded together to Stop CISPA. The petitions with over 100,000 signatures has been delivered to the White House. Now we need to get to the phones.

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

Numbers for the Senate are here.

Numbers for the House are here.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”. Call the White House and your representatives to protect your privacy rights.

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