Re: letter opposing cybersecurity legislation: looking for signers

2012-04-18 Thread Dan Auerbach
Thanks to everyone who has responded so far, and apologies for the
terrible formatting of the actual letter. Just a reminder to let me know
by tomorrow morning if you would be interesting in signing -- if you've
replied to me already, no need to do so again, I will respond to you
tomorrow.

Also, if anyone has good leads about large mailing lists that might be a
good place to solicit professionals, academics, or security experts,
please let me know as soon as possible. And feel free to circulate this
request yourself to colleagues, and tell them to email me. We are aiming
to get the letter together by Thursday or Friday, but have yet to
determine the exact time line for publication.

On 04/17/2012 06:02 PM, Dan Auerbach wrote:
 Dear NANOGers,

 EFF is looking for sign-ons to a letter expressing concern about some of the 
 proposed cybersecurity legislation currently being debated in the US 
 Congress. This legislation has a number of alarming provisions, including 
 incentives for recording massive amounts of network traffic and sharing it 
 with federal agencies; nullification of existing wiretapping and privacy 
 laws; in some cases, new kinds of bureaucracy for backbone and other ISPs who 
 are designated as critical infrastructure, and provisions that establish 
 intellectual property enforcement as a cybersecurity objective.

 We realize this is potentially a complicated topic in the NANOG community, 
 and we'd prefer not to start a giant OT flamewar, so: if you agree with our 
 concerns and would like to sign on to our letter, let us know by private 
 email by Thursday morning 9am Pacific US time. If you think we have the wrong 
 perspective, you can let us know off-list, or write your own letters, or work 
 with your various policy departments on this.

 Because there are many cybersecurity bills currently being debated in the 
 US House and Senate, the letter is generally framed in opposition to bad 
 aspects of the bills, though it calls out two current proposals that are 
 particularly bad and close to passing: CISPA (H.R. 3523) in the House, and 
 Secure IT Act (S. 2151) in the Senate. The letter also is intended to be 
 simple and focused on the civil liberties issues that stem from the broadness 
 of the bills. It does not talk about technical problems with deploying 
 IDS/IPS in the private sector (for a discussion of this, see, e.g. 
 http://harvardnsj.org/wp-content/uploads/2012/01/Vol.-3_Bellovin_Bradner_Diffie_Landau_Rexford1.pdf)
  or other legitimate technical concerns about effectiveness. We certainly 
 encourage people to raise these concerns separately. The text of the letter 
 is below in triple quotes:

 

 Dear Lawmakers,


 We are writing you today as professionals, academics, and experts who
 have researched, analyzed, and defended against security threats to the
 Internet and its infrastructure. We have devoted our careers to building
 security technologies, and to protecting networks, computers, and
 critical infrastructure against attacks of many stripes.

 We take security very seriously, but we fervently believe that strong
 computer and network security does not require Internet users to
 sacrifice their privacy and civil liberties. The opposite, in fact, is true.

 The bills currently under consideration, including Rep. Rogers' /Cyber
 Intelligence Sharing and Protection Act of 2011 /(H.R. 3523) and Sen.
 McCain's/SECURE IT Act /(S. 2151)/, /are drafted to allow entities who
 participate in relaying or receiving Internet traffic to freely monitor
 and redistribute those network communications. The bills nullify current
 legal protections against wiretapping and similar civil liberties
 violations for that kind of broad data sharing. By encouraging the
 transfer of users' private communications to US Federal agencies, and
 lacking any form of public accountability or transparency, these
 cybersecurity bills falsely trade our civil liberties for the promise
 of improved network security. As experts in the field, we reject this
 false trade-off and urge you to oppose any cybersecurity initiative that
 does not explicitly include appropriate methods to ensure the protection
 of users' civil liberties.

 In summary, we urge you to reject legislation that:

   *

 Uses vague language to describe network security attacks, threat
 indicators, and countermeasures, allowing for the possibility that
 innocuous online activities could be construed as cybersecurity
 threats.

   *

 Exempts cybersecurity activities from existing laws that protect
 individuals' privacy and devices, such as the Wiretap Act, the
 Stored Communications Act, and the Computer Fraud and Abuse Act.

   *

 Gives sweeping immunity from liability to companies even if they
 violate individuals' privacy without good reason.

   *

 Allows data originally collected through cybersecurity programs to
 be used to prosecute unrelated crimes.

   *

 Includes provisions 

letter opposing cybersecurity legislation: looking for signers

2012-04-17 Thread Dan Auerbach
Dear NANOGers,

EFF is looking for sign-ons to a letter expressing concern about some of the 
proposed cybersecurity legislation currently being debated in the US 
Congress. This legislation has a number of alarming provisions, including 
incentives for recording massive amounts of network traffic and sharing it with 
federal agencies; nullification of existing wiretapping and privacy laws; in 
some cases, new kinds of bureaucracy for backbone and other ISPs who are 
designated as critical infrastructure, and provisions that establish 
intellectual property enforcement as a cybersecurity objective.

We realize this is potentially a complicated topic in the NANOG community, and 
we'd prefer not to start a giant OT flamewar, so: if you agree with our 
concerns and would like to sign on to our letter, let us know by private email 
by Thursday morning 9am Pacific US time. If you think we have the wrong 
perspective, you can let us know off-list, or write your own letters, or work 
with your various policy departments on this.

Because there are many cybersecurity bills currently being debated in the US 
House and Senate, the letter is generally framed in opposition to bad aspects 
of the bills, though it calls out two current proposals that are particularly 
bad and close to passing: CISPA (H.R. 3523) in the House, and Secure IT Act 
(S. 2151) in the Senate. The letter also is intended to be simple and focused 
on the civil liberties issues that stem from the broadness of the bills. It 
does not talk about technical problems with deploying IDS/IPS in the private 
sector (for a discussion of this, see, e.g. 
http://harvardnsj.org/wp-content/uploads/2012/01/Vol.-3_Bellovin_Bradner_Diffie_Landau_Rexford1.pdf)
 or other legitimate technical concerns about effectiveness. We certainly 
encourage people to raise these concerns separately. The text of the letter is 
below in triple quotes:



Dear Lawmakers,


We are writing you today as professionals, academics, and experts who
have researched, analyzed, and defended against security threats to the
Internet and its infrastructure. We have devoted our careers to building
security technologies, and to protecting networks, computers, and
critical infrastructure against attacks of many stripes.

We take security very seriously, but we fervently believe that strong
computer and network security does not require Internet users to
sacrifice their privacy and civil liberties. The opposite, in fact, is true.

The bills currently under consideration, including Rep. Rogers' /Cyber
Intelligence Sharing and Protection Act of 2011 /(H.R. 3523) and Sen.
McCain's/SECURE IT Act /(S. 2151)/, /are drafted to allow entities who
participate in relaying or receiving Internet traffic to freely monitor
and redistribute those network communications. The bills nullify current
legal protections against wiretapping and similar civil liberties
violations for that kind of broad data sharing. By encouraging the
transfer of users' private communications to US Federal agencies, and
lacking any form of public accountability or transparency, these
cybersecurity bills falsely trade our civil liberties for the promise
of improved network security. As experts in the field, we reject this
false trade-off and urge you to oppose any cybersecurity initiative that
does not explicitly include appropriate methods to ensure the protection
of users' civil liberties.

In summary, we urge you to reject legislation that:

  *

Uses vague language to describe network security attacks, threat
indicators, and countermeasures, allowing for the possibility that
innocuous online activities could be construed as cybersecurity
threats.

  *

Exempts cybersecurity activities from existing laws that protect
individuals' privacy and devices, such as the Wiretap Act, the
Stored Communications Act, and the Computer Fraud and Abuse Act.

  *

Gives sweeping immunity from liability to companies even if they
violate individuals' privacy without good reason.

  *

Allows data originally collected through cybersecurity programs to
be used to prosecute unrelated crimes.

  *

Includes provisions suggesting a back door for intellectual property
enforcement. Computer security is too important an issue to let it
be hijacked for the sectional interests of unrelated industries.

We appreciate your interest in making our networks more secure, but
passing legislation that suffers from the problems above would be a
grave mistake for privacy and civil liberties, and will not be a step
forward in making us safer.

Sincerely,

signers



For a more detailed discussion of some of the civil liberties implications and 
other analyses, please see the following articles:

https://www.eff.org/deeplinks/2012/03/dangerously-vague-cybersecurity-legislation

https://www.eff.org/deeplinks/2012/03/rogers-cybersecurity-bill-broad-enough-use-against-wikileaks-and-pirate-bay