Congress Will Battle Over Internet Privacy in 2013Mark M. Jaycox In 2013, Congress will tackle several billsboth good and badthat could shape Internet privacy for the next decade. Some were introduced last year, and some will be completely new. For now, heres whats ahead in the upcoming Congress: Reforming Draconian Computer Crime Law The Computer Fraud and Abust Act (CFAA), was one of the key laws the government used in its relentless and unjust prosecution of Aaron Swartz. Zoe Lofgren has proposed Aarons Law, which ensures that breaking a terms of service or other contractual obligation does not amount to a CFAA violation. Lofgrens reforms are a terrific start and will be introduced in Congress over the coming weeks. EFF has also proposed revisions to Lofgrens language and overall reform to the CFAA that reduces the draconian penalties and clarifies key definitions in the statute. The proposed reforms will go a long way in preventing a similar situation from happening to a freedom fighter like Aaron again. Its unclear where the language stands in the Senate, but Senators like Ron Wyden have voiced support for Lofgrens bill and should take up CFAA reform. You can take action and email your members of Congress to tell them to support reform of the Computer Fraud and Abuse Act here. Update to the Electronic Communications Privacy Act (ECPA) Once again, the 113th Congress will try to update the archaic Electronic Communications Privacy Act. The law, which was passed in 1986, lays out procedures for when the government can obtain your private electronic messages, like email or Facebook messages, from service providers. ECPA states that the government doesnt need a warrant for emails when they are older than 180 dayseven though the Sixth Circuit held that this 180-day rule violates the Fourth Amendment. Despite the ruling, the Justice Department continues to argue that the DOJ does not have to obtain a warrant. Congress should take the lead from the courts and move the legislation forward. Restricting Government and Corporate Use of your Cell Phone GPS Info Updating ECPA is also about protecting users geolocation information, especially after the Supreme Courts decision in the GPS case, United States v. Jones. Senator Wyden and Rep. Chaffetzs GPS Act mandates that the government obtain a warrant before it seeks a users geolocation information. Currently, the government can obtain such information without a warrant or probable cause, which is something the government has done at a staggering rate. But the government isnt the only entity spying on cell phone users. Over and over, users are learning the hard way that private companies surreptitiously collect information from users mobile devices and often share that data with unknown third parties. Thats why Congressmen like Rep. Markey and Senator Franken introduced legislation last Congress that requires clear notification and disclosures when a company collects and shares user information with third parties. Both Congressmen plan to reintroduce and move the legislation forward in the 113th Congress. Cybersecurity Legislation Congressmen are also girding for another fight on Cybersecurity. Along with more warnings of an upcoming cyber-Pearl Harbor, Congressmen named cybersecurity a priority in 2013 and are planning to reintroduce a new version of an information sharing cybersecurity bill called CISPA, which as EFF described at the time, carved a giant and vague cybersecurity loophole into all US privacy laws, while also granting new powers and legal immunity to companies. The Internet community helped defeat the Cybersecurity legislation and Congress needs to craft any new bill with the utmost concern for privacy. FBI Silent About Wanting To Backdoor the Web Lastly, there are rumors that the Obama Administration will propose a new Internet surveillance law, which will expand the Communications Assistance to Law Enforcement Act (CALEA), which forces telephone companies to build a wiretap-friendly backdoors into all their technologybut not social networks and other web-based communications services. In 2005, the FBI pushed the FCC to rule that VOIP and facilities-based Internet access providers had to abide by CALEA requirements. Now they want even more power. This expansion is in spite of the fact that the FBI has yet to respond adequately to EFFs FOIA lawsuit seeking records that would justify the need to expand federal surveillance laws, given they have a myriad of ways to get such data already (Googles transparency report shows the government requests for user data is skyrocketing). The White House and the FBI have not released what is in the proposed legislation, but one report states the FBI wants to require Internet companies, like Google, Facebook, and Twitter to build the same type of backdoors for real-time government surveillance. This would not only create a huge Internet security problem, making the Internet less safe just as Congress pushes for a cybersecurity bill, but threatens basic privacy on the Web. The potential for the 113th Congress to introduce backwards bills like CISPA and CALEA is great. But Congress, and especially new members, should take note of the Internet communitys strongand successfulopposition to bills like SOPA. Its time to curry favor with everyday constituents, and not with giant corporations or overreaching law enforcement. For the latest news in privacy, electronic surveillance and activism, please visit the Electronic Frontier Foundation. linkwithin_text=Related Articles: 