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Obama Signs CISA Bill into Law

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Re: Obama Signs CISA Bill into Law

#61

There have been very many versions of laws similar to CISA that have been proposed, modified, and changed/passed/failed/delayed. When I try to understand exactly what this CISA version includes, most rhetoric I read is alarmist and not conducive to actually knowing what can and cannot be done under CISA. Is there a digestible explanation of what this CISA entails?

Sure.

CISA defines "cybersecurity threats" and "threat indicators", which are now legalese versions of the stuff Intrusion Detection Systems track: exploit code, vulnerability information, and wire traces of attacks.

Everyone already collects this stuff; that's most of what network security teams are paid to do. The government has several huge network security teams (they operate the largest IT system in the world), and, of course, the whole Fortune 500 does as well. All these organizations are collecting information about attacks and siloing it.

CISA requires the government to establish a process to share indicators with private companies. So when analysts or IPS systems or anomaly detection schemes running inside FedGov networks generate a signature for an attack, there will now be federal rules requiring them to submit that data to a process that will disseminate it to the private sector.

CISA allows the private sector to do the same thing in reverse, sharing their data with the government, which will in turn share a facsimile of that data back out to the rest of the private sector. The bill requires companies to have a process to ensure they aren't knowingly sharing any personally identifying information, and they are only allowed to share information that pertains to the types of attacks defined as "cybersecurity threats". Those attacks specifically exclude terms of service violations.

Unlike CISPA, which was a more benign bill, CISA explicitly allows local, state, and federal law enforcement to use threat indicators to prosecute crimes. CISA has a very short list of crimes whose prosecution can be assisted with shared indicators --- identity theft, espionage, and trade secret theft. PCNA, the (now dead) House version of CISA, had a broader list.

Unlike the law of the land before CISPA/CISA/PCNA was proposed, there is now a path for private companies to share data with the USG regardless of the other regulatory regimes they're under. This is good if you think sharing attack information is very important and bad if you think companies that work with regulated information (driving records, credit scores, medical data, student records, &c) should operate under different, stricter rules than other companies. Much of the impetus for these bills was to overcome objections from legal at BigCos that would never allow any information sharing out of fear that such sharing could get them sued. They are now immunized from those suits, so long as they're in good faith sharing only information about actual cybersecurity threats.

That's pretty much it, at a high level. It's a very short bill, just 30 pages, and most of the interesting stuff is in the definitions at the top of the bill. It's worth skimming.

https://www.govtrack.us/congress/bills/114/s754/text

Re: Obama Signs CISA Bill into Law

#62
post #45

CISA passed the Senate with almost 3:1 bipartisan support in October. PCNA, the House's (worse) version of CISA, passed with similar margins in April. Obama has publicly supported the bill all year. As much as HN and Twitter wants to believe CISA was enacted in some shady backroom deal, the process that actually occurred, including publicly available amendments and months-long review, is pretty close to "Schoolhouse…

The 14 votes against, FWIW: Baldwin (D-WI) Booker (D-NJ) Brown (D-OH) Coons (D-DE) Franken (D-MN) Leahy (D-VT) Markey (D-MA) Menendez (D-NJ) Merkley (D-OR) Paul (R-KY) Sanders (I-VT) Udall (D-NM) Warren (D-MA) Wyden (D-OR) https://www.techdirt.com/articles/20151022/10133932597/cisa-...

Bernie Sanders and Tammy Baldwin are pretty consistent when it comes to supporting privacy and the internet. They were actually the only two Senators who voted against the "Freedom" Act [1] who also supported net neutrality [2]. Both also voted against the "Patriot" Act in 2001, while they served in the House [3].

[1] http://www.senate.gov/legislative/LIS/roll_call_lists/roll_c...

[2] http://www.baldwin.senate.gov/press-releases/us-senator-tamm... & http://www.markey.senate.gov/news/press-releases/to-protect-...

[3] http://clerk.house.gov/evs/2001/roll398.xml

Re: Obama Signs CISA Bill into Law

#63
post #57
post #48

Earlier quoted context omitted.

You are reading it correctly. CISA explicitly establishes by statute that private entities are never required to share data, but that the government is required to share with private entities.

It also seems to be addressing, by "cybersecurity threats," the act of trying to hack into information systems. The law seems to be paving the legal way for facebook to work with google and ycombinator if there was a network attack by in order to set up defensive measures against the attack and perhaps share information as to who and where it is coming from. Personal information must be removed from such shared infor…

There are reasons not to like CISA. I'm pretty irritated by it: I think organizations like Fight For The Future organized a campaign against CISPA based on a whole lot of FUD, and for their efforts got us a law that actually justifies (a very little bit) of that FUD.

Unlike CISPA, CISA allows shared information to be used for law enforcement purposes. Ideally, threat information shared with the government should be used solely to improve defenses and prevent breaches; instead, anyone who shares data now needs to be cognizant of the other uses to which it will be put.

Re: Obama Signs CISA Bill into Law

#64

Earlier quoted context omitted.

The 14 votes against, FWIW: Baldwin (D-WI) Booker (D-NJ) Brown (D-OH) Coons (D-DE) Franken (D-MN) Leahy (D-VT) Markey (D-MA) Menendez (D-NJ) Merkley (D-OR) Paul (R-KY) Sanders (I-VT) Udall (D-NM) Warren (D-MA) Wyden (D-OR) https://www.techdirt.com/articles/20151022/10133932597/cisa-...

I'm honestly starting to think sander's is our last hope -- I was on the fence until seeing this. Meanwhile he is getting undermined by the media.

Not so on social media, however, which makes this election really interesting: we'll be able to see to what extent the old guard (broadcast news networks) reigns supreme.

Re: Obama Signs CISA Bill into Law

#65

How 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…

The bill was online for two days before voting. I looked at sections of it. Any Congressman could have read in advance. It was very long and had lots of number amounts. Only an expert could tell if these were increases or decreases.

Re: Obama Signs CISA Bill into Law

#66

Earlier quoted context omitted.

The 14 votes against, FWIW: Baldwin (D-WI) Booker (D-NJ) Brown (D-OH) Coons (D-DE) Franken (D-MN) Leahy (D-VT) Markey (D-MA) Menendez (D-NJ) Merkley (D-OR) Paul (R-KY) Sanders (I-VT) Udall (D-NM) Warren (D-MA) Wyden (D-OR) https://www.techdirt.com/articles/20151022/10133932597/cisa-...

I'm honestly starting to think sander's is our last hope -- I was on the fence until seeing this. Meanwhile he is getting undermined by the media.

Not to mention the DNC.

Re: Obama Signs CISA Bill into Law

#67

How 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…

I feel like I'm living in a twilight zone episode. I don't think we're ever going to see an end to this and I think its going to get worse and worse and no one is going to notice until there really is no way out. I'm sick of seeing comments about voting bad / good lawmakers out / in. Clearly that doesn't work because most citizens don't give a shit because they're too stupid to understand what is happening. Even when…

> Even when you educate them they're so shell shocked by the news that they're willing to let the powers that be shepherd them into servitude. We're all megafucked.

The shell shocked attitude that's followed by complacency is exactly, "We're all megafucked," possibly in other words.

It's exactly that attitude that we need to steer away from, no matter how grim the landscape looks. That's step 1 to change.

Re: Obama Signs CISA Bill into Law

#68
post #63
post #57

Earlier quoted context omitted.

It also seems to be addressing, by "cybersecurity threats," the act of trying to hack into information systems. The law seems to be paving the legal way for facebook to work with google and ycombinator if there was a network attack by in order to set up defensive measures against the attack and perhaps share information as to who and where it is coming from. Personal information must be removed from such shared infor…

There are reasons not to like CISA. I'm pretty irritated by it: I think organizations like Fight For The Future organized a campaign against CISPA based on a whole lot of FUD, and for their efforts got us a law that actually justifies (a very little bit) of that FUD. Unlike CISPA, CISA allows shared information to be used for law enforcement purposes. Ideally, threat information shared with the government should be u…

Law enforcement outside of cyber security? OK, I did miss that. Thanks.

Re: Obama Signs CISA Bill into Law

#69
post #67

Earlier quoted context omitted.

I feel like I'm living in a twilight zone episode. I don't think we're ever going to see an end to this and I think its going to get worse and worse and no one is going to notice until there really is no way out. I'm sick of seeing comments about voting bad / good lawmakers out / in. Clearly that doesn't work because most citizens don't give a shit because they're too stupid to understand what is happening. Even when…

> Even when you educate them they're so shell shocked by the news that they're willing to let the powers that be shepherd them into servitude. We're all megafucked. The shell shocked attitude that's followed by complacency is exactly, "We're all megafucked," possibly in other words. It's exactly that attitude that we need to steer away from, no matter how grim the landscape looks. That's step 1 to change.

if correcting one's attitude is step one, what is step two? voting? what real victories have been won on this front recently? and i'm not advocating for extremism nor am i advocating for complacency, the game just seems stacked with zero possibility of change.

Re: Obama Signs CISA Bill into Law

#70

How 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…

The bill was online for two days before voting. I looked at sections of it. Any Congressman could have read in advance. It was very long and had lots of number amounts. Only an expert could tell if these were increases or decreases.

Increases. There have been very few true "cuts" at the Federal level in the last few generations.

The secret is Baseline Budgeting[1].

If your agency got $100 this year, you ask for $110 next year and that becomes the "baseline." Now when the actual budget negotiations happen, you may only get $105. Most people would call this a 5% increase but instead they consider it a (roughly) 5% cut from the baseline.

This is how the government can claim they're "cutting the budget" while still spending more than last year.

For a bonus, imagine the above agency is sympathetic - like the food stamp program - and requests $200 next year. When some Congressperson says "No wait, you only need $110," they're accused of "cutting food stamps in half" and "wanting people to starve!" It's effective for tearing apart the other person, not effective for actually getting things done.

1 - https://en.wikipedia.org/wiki/Baseline_(budgeting)

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