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Cybersecurity Information Sharing In the “Ominous” Budget Bill: A Setback for Privacy

Overall, the “compromise” that lawmakers came up with took the bad parts of the three bills on the table and, in many cases, made them worse. Unfortunately, the Cybersecurity Act of 2015 will probably become law, because any “nay” votes at this stage would be against the entire budget deal. There are, however, significant privacy costs built into this legislation.

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2

Cybersecurity Detour on the Road to Surveillance Parity

For some time, the European Commission and European Data Protection Authorities have complained that US law provides insufficient protection to Europeans for the data that is shared from Europe to the United States. Ironically, legislation that the Senate just passed, CISA, or S. 754, would increase the gap in data protection between Europeans and Americans in US law, rather than help close it. CISA permits companies to share with the Federal government “cyber threat indicators” derived from Internet users’ communications.

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3

Guide To Cybersecurity Information Sharing Act Amendments

The Senate is expected to resume consideration of the Cybersecurity Information Sharing Act (CISA, S. 754) on Monday, October 26. None of its pending amendments will fix the fundamental flaws in the legislation. However, specifically, rejection of the Cotton amendment and adoption of the other pending amendments would diminish some of the damage the bill would do to privacy. Greg and Jadzia explain why, addressing the amendments in the order they will be considered on the Senate floor.

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4

CISA Managers’ Substitute Makes Limited Privacy Improvements

The Senate has begun to consider the Cybersecurity Information Sharing Act or CISA (S. 754) on the Senate floor and will do so again next week. First up is consideration of a Managers’ Substitute for the bill –– which includes some, mostly very modest, additional pro-privacy changes that are derived in part from amendments proffered to the bill. We explain those changes below, while delving into the key privacy and security concerns (that CDT identified) that remain unaddressed or insufficiently addressed.

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5

The EU-US Umbrella Agreement and the Judicial Redress Act: Small Steps Forward for EU Citizens’ Privacy Rights

One of the European Commission’s responses to the Snowden revelations was the swift adoption of the ‘EU-US Umbrella Agreement’. The objective of the Commission is to put in place a high level of data protection when personal information is transferred between the US and an EU country for the purpose of investigating, detecting, or prosecuting a crime. It was recently initialed by EU and US negotiators, pending US Congress adoption of the Judicial Redress Act. We view these developments as limited, but not insignificant improvements on the privacy rights of EU citizens.

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6

CISA Manager’s Amendment Falls Short on Privacy and Security

The Senate is expected to consider the Cybersecurity Information Sharing Act (CISA) (S. 754) on the Senate floor this week. The managers of the bill released a manager’s amendment on July 31 that makes some important changes to the bill, but that leaves key privacy and security concerns that CDT identified unaddressed or insufficiently addressed. In short, there are some partial fixes, but huge problems remain.

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8

Troublesome Cyber Surveillance Bill Advances

After adopting several privacy amendments in a closed door meeting last week, the Senate Intelligence Committee has publicly released the Cybersecurity Information Sharing Act (CISA). The bill would permit companies in the private sector to share information about their users’ Internet activity with the federal government. CDT welcomes many of the amendments, but still opposes the legislation.

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10

LEADS Act Extends Important Privacy Protections, Raises Concerns

Today, Senators Hatch, Coons, and Dean Heller introduced legislation that would preclude the use of U.S. warrants to obtain communications content stored outside the U.S. unless the content is in the account of an American. The Law Enforcement Access To Data Stored Abroad Act (“LEADS Act”) may garner support from tech and telecom companies. While CDT has some specific concerns with the bill, we applaud the bill’s overall thrust and we commend Senators Hatch, Coons, and Heller for taking on one of the most difficult and important issues affecting the global Internet.

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