CISPA, National Security, and the NSAs Ability to Read Your EmailsEFF Weve already shown how the bills definition of cyber threat information can lead the companies and government to surveil citizens for a host of reasons beyond critical cybersecurity threats. But we want to focus on one vital portion of the bill that is not getting enough attention: what the government can do with your private information once companies hand it over. Even though CISPA is styled as a cybersecurity bill, it explicitly allows the Department of Homeland Security and other government agencies like the National Security Agency (NSA) to use your information for national security purposesexpanding the bill far beyond its purported goal.Bill sponser Mike Rogers introduced a package of amendments yesterday, but did not remove national security as one of the purposes for which information can be used. The Erosion of Civil Liberties Information sharing CISPAs mantrahas also created privacy nightmares for everyday Americans in the name of national security. The federal government routinely shares its massive national security databases with local law enforcement agencies with predictable results. An investigation by PBS Frontline and the Washington Posts Dana Priest showed that many states have yet to use their vast and growing anti-terror apparatus to capture any terrorists; instead the government has built a massive database that collects, stores and analyzes information on thousands of U.S. citizens and residents, many of whom have not been accused of any wrongdoing. Despite the ample evidence of these expansive national security powers being used on ordinary citizens, the government has only continued down the same path. Just last month, the National Counterterrorism Center drastically changed its rules so it can now copy entire data bases from other federal government agencies and keep information on citizens for up to five yearseven if theyre completely innocent. Wrongdoing and Abuse Go Unchecked Incredibly, it recently emerged the FBI may have not only condoned this type of behavior, but encouraged it. Wired recently published an FBI memo on agent training that said, Under certain circumstances, the FBI has the ability to bend or suspend the law and impinge on freedoms of others and cited various wiretapping laws in national security investigations. (emphasis ours) Increased powers of the National Security Agency First, the statute of limitations for such a lawsuit is two years from the date of the actual violation. Its not at all clear how an individual would know of such misuse if it were kept inside the government. Given that the National Security Agency is notoriously secretiveits employees even used to refer to it as No Such Agencythey may attempt to prevent users from finding out exactly how this information was ever used. And a provision in CISPA that provides an exemption to the Freedom of Information Act for all private information given to it by companies for anything cybersecurity related doesnt help. Even if a user knew the government was misusing his or her information, litigation would be difficult, expensive, and time consuming given if classified information or national security is involved, the government may invoke the state secrets privilege. EFF has been involved for years in a lawsuit over Fourth Amendment and statutory violations stemming from another abuse of the governments claimed national security powersthe NSAs warrantless wiretapping program. Given the NSA may be a recipient of cyber threat information in CISPA, they stand to gain more power to spy on Americans despite laws that would otherwise prevent them from doing so. Despite six years of litigation, the government continues to maintain that the state secrets privilege prevents lawsuits over the warrantless wiretapping program from being heard, arguing that even if the allegations are true, the suit should be dismissed because ofyou guessed itnational security concerns. The same state secrets privilege has been invoked in other cases involving the CIAs extraordinary rendition program and their authority to target Americans in drone strikes overseas with no judicial safeguards. CISPA will create yet another tool for the government to expand its already massive national security apparatus, and in turn, erode ordinary citizens rights, while giving them virtually no recourse if their civil liberties are violated. The House of Representatives is beginning debates on CISPSA tomorrow, with a vote coming no later than Friday. Join EFF in opposing CISPA by calling, emailing, and tweeting at your Representatives. linkwithin_text=Related Articles: 