According to NetworkWorld a bill recently introduced by West Virginia Democratic Sen. John Rockefeller, the chairman of the Senate Committee on Commerce, Science, and Transportation, and Sen. Olympia Snowe, a Republican from Maine, would give the president the power to declare a cybersecurity emergency and then shut down both public and private networks including Internet traffic coming to and from compromised systems.
The 51-page Rockefeller/Snowe bill (s.778) (here is a new link if that one is not working) calls for the creation of a National Cybersecurity Advisor that would report directly to the President. The bill also calls for a comprehensive national cybersecurity strategy in place 12 months after the bill passes.
The sticking point with many critics is the broad sweeping power that this bill might implement. For instance hidden within the context of the bill is the phrase:
“We are confident that the communication networks and the Internet would be so designated [as critical infrastructure], so in the interest of national security the president could order them disconnected.”
Update: The above was mistakenly quoted, it was actually a quote from Leslie Harris, president and CEO at the Center for Democracy and Technology (CDT). It was his response to the actual quote "The President— may order the disconnection of any Federal government or United States critical infrastructure information systems or networks in the interest of national security.”
Effectively this could mean, under the guise of national security, that the president would be given a kill switch with the power of turning off the internet in the event of a widespread attack. It could also been interpreted to mean the president would have the power to limit or block certain internet traffic.
To put this into perspective if the National Cybersecurity Advisor bought into the recent Conficker hype he could recommend that the threat is so great that the White House needs to shut down critical servers in order to keep the critical infrastructure alive. Given how that turned out is that really something we need?
This broad ranging power is a scary piece of legislation! WE had better hope that this doesn't pass, or if it does that they work to lighten some of the wording on something this wide open.
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