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What does CISPA mean for Internet users?

The Cyber Intelligence Sharing and Protection Act explained

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The Cyber Intelligence Sharing and Protection Act, up for debate in the House of Representatives on Thursday, has privacy activists, tech companies, security wonks and the Obama administration all jousting about what it means – not only for security but Internet privacy and intellectual property.  Backers expect CISPA to pass, unlike SOPA, the Stop Online Piracy Act that melted down amid controversy earlier this year. 

Here's a rundown on the debate and what CISPA could mean for Internet users.

What exactly is CISPA?

The act, sponsored Rep. Mike Rogers, R-Mich., and Rep. Dutch Ruppersberger, D-Md., would make it easier for private corporations and U.S. agencies, including military and intelligence, to share information related to "cyber threats." In theory, this would enable the government and companies to keep up-to-date on security risks and protect themselves more efficiently. CISPA would amend the National Security Act of 1947, which currently contains no reference to cyber security.  Companies wouldn't be required to share any data. They would just be allowed to do so.

Why should I care?


How does the bill define 'cyber threat'?


When can data can be shared?


Why are privacy activists upset about CISPA?

Privacy activists like the American Civil Liberties Union and the Electronic Frontier Foundation contend CISPA isn't specific enough about just what constitutes a "cyber threat." They say it enables Internet companies and service providers to hand over sensitive user information to intelligence agencies without enough oversight from the civilian side of government. Finally, they say it does not explicitly require Internet companies to remove identifying information about users before sharing.  Opponents contend, for instance, that Facebook or Twitter could share user messages with the NSA or FBI without redacting the user's name or personal details.



What kind of information can be shared?

 Private companies and government agencies can share any information that pertains to a "cyber threat" or that would endanger national security. That could include user information, emails, and direct messages. Companies would be allowed to share with each other as well as the government. The government is not allowed to proactively search company-provided information for purposes unrelated to cyber security, but opponents say this would be tough to enforce. The bill does not place any explicit limit on how long that information can be kept, though Schiff's amendment would require the government to destroy data unrelated to cyber security. Several proposed amendments would limit the amount and kinds of information that can be shared, but it remains to be seen which — if any — will be adopted.

Is CISPA basically SOPA 2.0?

No, it's very different.



CISPA gives Internet companies the ability to share threat information with intelligence agencies and receive information back from them, an ability they say would enable them to deal with cyber threats more effectively. It does not compel them to protect users' privacy (though a variety of proposed amendments aim to add more stringent privacy protections). Companies could not be held liable for divulging a user's identity or data to the government if the information relates to a "cyber threat."

What's the Obama administration's take?


What is CISPA's path forward in Congress?

A vote is set for Friday. CISPA has accumulated more than 100 cosponsors and will most likely pass the House. "This isn't about scrambling to meet 218 votes, we are well past that," co-sponsor Rogers said during a conference call with reporters. But the Senate is a different story — there, it must compete with the Lieberman cyber security bill and one from Sen. John McCain, R-Ariz.

Would CISPA really make us more secure?

It's unclear.

Some cyber security specialists note that neither CISPA nor other cyber security bills in Congress would compel companies to update software, hire outside specialists or take other measures to preemptively secure themselves against hackers and other threats. CISPA's backers respond that the bill would forestall a "digital Pearl Harbor," allowing a freer flow of information for a quicker and more effective response to hackers by both the government and the private sector.

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