Homeland Security Committee’s Cyber Bill a Missed Opportunity
Greg Nojeim, Senior Counsel and Director of our Freedom, Security and Technology Project, guest wrote for Lawfare, a site published by the Lawfare Institute in cooperation with the Brookings Institute. It’s solely dedicated to “that nebulous zone in which actions taken or contemplated to protect the nation interact with the nation’s laws and legal institutions.” We’ve published the first few paragraphs here – click below for the full text.
Homeland Security Committee’s Cyber Bill a Missed Opportunity
Today, the House Homeland Security Committee marked up a cybersecurity information sharing bill that promised to be “the best of bunch” in terms of civil liberties protections among the cybersecurity information sharing bills that Congress is currently considering. Unfortunately, the bill misses the mark in a key respect.
The problem starts with the fact that like the other pending bills, the National Cybersecurity Protection Act (NCPAA, H.R. 1731), would authorize companies to share cybersecurity threat indicators “notwithstanding any law” – a problematic approach that is sure to have unintended consequences. Like the other bills, “cyberthreat indicators” are broadly defined in Section 2 of the bill to permit flexibility as technology changes and the information needed to be shared to counter cyber attacks evolves.
To compensate, partially, for the risk to privacy that comes with a broad definition of the information that can be shared “notwithstanding any law,” cybersecurity information sharing legislation can put strict limits on the purpose for which information is shared and on the use of that information. It is in establishing those strict use and purpose limitations that the NCPAA falls short.
Coalition Urges Senate Not to Let Companies Waive Financial Regulations for AI
CDT joined AI Now Institute, American Civil Liberties Union, and several organizations dedicated to tech policy, consumer protection, and civil rights in a letter to Senate leadership and the Senate Banking, Housing, and Urban Affairs Committee opposing the “AI Innovation Labs” language in Sec. 10509 of the CLARITY Act.
CDT-led Coalition Calls for Transparency for White House AI Framework
CDT and Americans for Responsible Innovation led a broad, bipartisan coalition of over two dozen civil society groups in calling on the White House to release its Framework for review of frontier AI models.
CDT Amicus Brief Calls on Fourth Circuit to Rein In Geofence Warrants
Earlier this year the Supreme Court ruled in Chatrie v United States that the Fourth Amendment protected all cell phone location information, which CDT lauded as a landmark decision, but sent the case back down to the Fourth Circuit to assess the propriety of the geofence warrant at issue.
CDT and Partners Post Floor Alert Opposing CA SB 1013 Automated License Plate Readers Bill
The best way to ensure that Automated License Plate Readers are not abused is to limit the retention of stored data and to keep loopholes to lawful process closed. CA SB 1013 is a step in the wrong direction, and we urge the California legislature to reject this approach.
