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Obama Signs CISA Bill into Law
21–30 of 230 posts
Re: Obama Signs CISA Bill into Law
#22How this happened [1]: In a late-night session of Congress, House Speaker Paul Ryan announced a new version of the “omnibus” bill, a massive piece of legislation that deals with much of the federal government’s funding. It now includes a version of CISA as well. Lumping CISA in with the omnibus bill further reduces any chance for debate over its surveillance-friendly provisions, or a White House veto. And the latest…
Can someone explain why/how the CISA portion of the bill can or can't be removed later?
Not by any likely means.
Re: Obama Signs CISA Bill into Law
#23How does CISA apply to US companies with subsidiaries in Europe like Microsoft? Will Microsoft now be required to hand over data located in datacenters abroad?
Not if they want to comply with existing European privacy law, which the European courts have no problem at all interpreting in maximally draconian form - up to and including forbidding access to the European market.
Even if the US government would attempt to force companies to do this, they wouldn't. And as far as I can tell, this bill doesn't force companies to comply, it just holds them harmless should they choose to comply.
Re: Obama Signs CISA Bill into Law
#24How this happened [1]: In a late-night session of Congress, House Speaker Paul Ryan announced a new version of the “omnibus” bill, a massive piece of legislation that deals with much of the federal government’s funding. It now includes a version of CISA as well. Lumping CISA in with the omnibus bill further reduces any chance for debate over its surveillance-friendly provisions, or a White House veto. And the latest…
Can someone explain why/how the CISA portion of the bill can or can't be removed later?
What are you asking exactly? In order to be attached to the bill, the amendment must be approved by a majority of the chamber. So that means it's already garnered support from congress, and congress is unlikely to take it off again before voting on the bill as a whole. Once it passes congress, the only way for it to be defeated would be for the president to veto the enormous budget bill based only on the amendment, which he is very unlikely to do (even if he did disapprove of CISA, which I don't think he does).
Re: Obama Signs CISA Bill into Law
#25Re: Obama Signs CISA Bill into Law
#26I believe that CISA is mostly about changes within the government itself about sharing data between agencies. It seems to interface with the non-government world insofar as it lets companies share their data with government agencies without getting sued. I do NOT believe it contains any further provisions requiring private companies to share their data without a warrant. Can someone tell me if I’m reading it correctl…
> I do NOT believe it contains any further provisions requiring private companies to share their data without a warrant.
Sure, but that means the companies now face minimal incentive to protect user data but doubtless will experience pressure from the government to give it up even without a warrant.
Re: Obama Signs CISA Bill into Law
#27Earlier quoted context omitted.
Can someone explain why/how the CISA portion of the bill can or can't be removed later?
What are you asking exactly? In order to be attached to the bill, the amendment must be approved by a majority of the chamber. So that means it's already garnered support from congress, and congress is unlikely to take it off again before voting on the bill as a whole. Once it passes congress, the only way for it to be defeated would be for the president to veto the enormous budget bill based only on the amendment, w…
I think he means, while they approved the bill, warts and all, that doesn't mean everybody likes all the warts. (Although it is congress, so we have to assume they DO like warts... but let's put that aside). He's asking if they can come back and remove some of the warts, essentially, in a separate action at a later time.
Re: Obama Signs CISA Bill into Law
#28How this happened [1]: In a late-night session of Congress, House Speaker Paul Ryan announced a new version of the “omnibus” bill, a massive piece of legislation that deals with much of the federal government’s funding. It now includes a version of CISA as well. Lumping CISA in with the omnibus bill further reduces any chance for debate over its surveillance-friendly provisions, or a White House veto. And the latest…
Can someone explain why/how the CISA portion of the bill can or can't be removed later?
The law is not append-only. Bills can add and remove anything to/from the current body of law previously passed by the legislature (as distinct from the Constitution—there's a more complex procedure for ammending that—and as distinct from executive branch regulations—which can be effectively neutralized [requiring an executive rewrite] by legislation banning programs or actions or by denying funding, but Congress cannot directly rewrite exec regs). Congress rarely removes anything because there's rarely a benefit to the representatives to remove existing law. Special interests prefer exceptions carved out rather than striking out broad provisions that are currently active.
Re: Obama Signs CISA Bill into Law
#29How this happened [1]: In a late-night session of Congress, House Speaker Paul Ryan announced a new version of the “omnibus” bill, a massive piece of legislation that deals with much of the federal government’s funding. It now includes a version of CISA as well. Lumping CISA in with the omnibus bill further reduces any chance for debate over its surveillance-friendly provisions, or a White House veto. And the latest…
It's useful to note that Paul Ryan gained his position by saying shady backroom deals like this, plus giving Congress almost no time to read and think about the bill themselves, were the exact things he promised to stop.
So his very first act as speaker is to break every single promise he made to become speaker.
Re: Obama Signs CISA Bill into Law
#30How does CISA apply to US companies with subsidiaries in Europe like Microsoft? Will Microsoft now be required to hand over data located in datacenters abroad?
Not if they want to comply with existing European privacy law, which the European courts have no problem at all interpreting in maximally draconian form - up to and including forbidding access to the European market. Even if the US government would attempt to force companies to do this, they wouldn't. And as far as I can tell, this bill doesn't force companies to comply, it just holds them harmless should they choose…
Sadly not. The US courts have already ruled that data held in other data centres are fair game for a US warrant [1]. In this case the data is held in the EU (in Dublin, Ireland to be precise) and MS was found in contempt of court for failing to hand the data over [2]. They're still fighting this case now - over a year later - and it's currently in the 2nd Circuit Court of Appeals [3].
This means that the precedent is already set. If the company operates in the US and is served a warrant, the US Govt wants ALL of the data WHEREVER it's held.
I'm rooting for MS on this one and hope their appeal is upheld.
[1] http://www.theguardian.com/technology/2014/apr/29/us-court-m...
[2] http://www.zdnet.com/article/microsoft-refuses-to-hand-over-...
[3] http://www.techweekeurope.co.uk/e-regulation/microsoft-resis...