Smith Bill Raises Police Power Concerns

[InfoSec News <isn () c4i org>]

Forwarded from: Bob <bob () globaldevelopment org>

http://dc.internet.com/news/print/0,,2101_1107691,00.html

By Roy Mark
dc.internet.com
10 May 2002

For Alan Davidson, the associate director of the Center for Democracy
and Technology, the greater issue involving H.R. 3482 -- the Cyber
Security Enhancement Act of 2001 -- is not increased surveillance of
Internet users by Internet service providers (ISPs), but, rather,
giving greater police powers to law enforcement agencies. The bill
passed the House Judiciary Committee Wednesday and now awaits a floor
vote of the full membership.

Under current law, ISPs can face civil damages for disclosing user
activity unless that activity presents an immediate risk of death or
physical injury. Under H.R. 3482, sponsored by Rep. Lamar Smith
(R.-Tex.) ISPs would be able to report threats that are "not
immediate" and be protected from privacy violation lawsuits.

According to Davidson, who is also an adjunct professor at Georgetown
University's graduate program in communications, culture and
technology, the privacy threat to Internet users is more likely to
come from law enforcement agencies than from ISPs spying on users.

"What concerns me is that police will come to an ISP and claim an
emergency or a broad definition of an emergency and ISPs, being good
citizens, will voluntarily give them user information because they
will be protected from civil litigation," Davidson said.

The bill aims to better coordinate cyber security efforts between
federal, state and local agencies, make information more readily
available to law enforcement agencies and slap harsher penalties on
cyber criminals.

Criminal punishment for cyber crimes is currently based on the amount
of economic damage caused by the attack. Smith's legislation would
allow the U.S. Sentencing Commission to increase punishment when
considering a perpetrator's intent and whether sensitive government
data is involved in the crime.

The bill also directs the Attorney General, acting through the Federal
Bureau of Investigation (FBI), to establish and maintain a National
Infrastructure Protection Center to serve as a national focal point
for threat assessment, warning, investigation, and response to attacks
on the nation's critical infrastructure, both physical and cyber.

It further establishes within the Department of Justice (DoJ) an
Office of Science and Technology to work on law enforcement technology
issues, addressing safety, effectiveness and improved access by
federal, state, and local law enforcement agencies. The bill abolishes
the Office of Science and Technology of the National Institute of
Justice, transferring its functions, activities, and funds to the
newly formed DoJ office.



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