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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

The Hacker Protection Act of 2012

Jul 29th, 2012 Uncategorized

The latest draft cybersecurity bill contains information sharing provisions that were heavily negotiated between the Obama administration and privacy groups. This effort at compromise has yielded the usual ambiguous praise from privacy groups. The Electronic Frontier Foundation pronounced itself "pleased" but then complained that the measure still "contains broad language around the ability for companies to use security as a reason to partake in 'nearly unlimited' data monitoring of users."

In fact, the privacy groups have added so much baggage to the information sharing provisions that the new law is nearly useless to private sector companies who want to improve cybersecurity.� And it may actually impose an entire new regulatory and liability yoke on companies that treat cybersecurity seriously.

It’s worth remembering why the information sharing provisions are necessary. The reason is that, with the support of privacy groups in years past, Congress prohibited many companies from sharing customer information with the government in the absence of a subpoena. Congress also authorized states to adopt “two-party consent” restrictions on interception of communications. In an age of widespread network intrusions, both of these laws have the effect of protecting hackers and spies.


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