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Both measures would give federal authorities unprecedented power over the Internet by:
-- federalizing critical infrastructure, shifting power away from providers and users to Washington; and
-- letting the president shut down Internet traffic for reasons of "national security" or during a claimed "emergency."
If passed, these measures will compromise personal privacy and security through one provision alone - by giving the Commerce Secretary access to all relevant data relating to critical infrastructure networks without restriction. In other words, privacy and judicial review protections guaranteed under the Electronic Communications Privacy Act, the Privacy Protection Act, and financial privacy regulations no longer will apply.
Post-election, perhaps during the lame duck session, cybersecurity will again be addressed by combining S. 773 and 778. The new measure will let the executive shut down parts of the Internet, as well as businesses and organizations, not complying with national emergency declared orders.
In addition, on September 20, 2010, S. 3804: Combating Online Infringement and Counterfeits Act (COICA) was introduced. Its purpose - to literally break the Internet one domain at a time, by requiring domain registrars/registries, ISPs, DNS providers, and others to block Internet users from reaching certain websites. In other words, if passed, COICA will let Washington suppress free speech and block access to non-infringing material, inflicting enormous constitutional damage in the process.
Because of widespread criticism, the bill stalled. It may be softened, but in some final form will likely move ahead. Moreover, another post-election unnamed measure is planned - one that will end personal privacy by requiring all Internet communication providers (including ISPs, Facebook, Skype and others) to rebuild their systems to give Washington backdoor access to everyone's personal Internet communications.
In addition, Net Neutrality is seriously threatened. In fact, plans are to subvert it, according to a leaked September 2010 House Energy and Commerce Committee draft bill. If enacted, it will let cable and telecom giants establish, among other provisions, premium higher-priced lanes (two Internets), effectively destroying Net Neutrality, compromising the last free and open space.
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