Can Obama shut down the Internet?

Hot Air ^ | April 4, 2009 | Ed Morrissey

[Red Steel]

When Mother Jones and Jules Crittenden agree, isn’t that a sign of the apocalypse? Both take a hard look at the Cybersecurity Act of 2009, S.773 sponsored by Jay Rockefeller (D-WV), Bill Nelson (D-FL), and Olympia Snowe (R-ME). The bill addresses the need to protect vital networks from cyber attack, but it gives a lot of power to the executive branch — perhaps too much power. Mother Jones reports:

The Cybersecurity Act of 2009 (PDF) gives the president the ability to “declare a cybersecurity emergency” and shut down or limit Internet traffic in any “critical” information network “in the interest of national security.” The bill does not define a critical information network or a cybersecurity emergency. That definition would be left to the president.

The bill does not only add to the power of the president. It also grants the Secretary of Commerce “access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.” This means he or she can monitor or access any data on private or public networks without regard to privacy laws.

Jules adds:

You know, if it was the Bush administration, I’d be more inclined to trust them. They sought extraordinary wartime powers, and used them to prosecute the war on terror. Never abused them, though, despite all the squawking.

Jules wonders when the Leftosphere will erupt in outrage. Mother Jones isn’t a bad start, though.

Here are the sections raising eyebrows:

SEC. 14. PUBLIC–PRIVATE CLEARINGHOUSE.

(a) DESIGNATION.—The Department of Commerce shall serve as the clearinghouse of cybersecurity threat and vulnerability information to Federal government and private sector owned critical infrastructure information systems and networks.

(b) FUNCTIONS.—The Secretary of Commerce—

(1) shall have access to all relevant data concerning such networks without regard to any provision of law, regulation, rule, or policy restricting such access; …

SEC. 18. CYBERSECURITY RESPONSIBILITIES AND AUTHORITY.

The President— …

(2) may declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal government or United States critical infrastructure information system or network; …

The second provision is something less than advertised, I believe. It gives the President the authority to disconnect federal networks from the Internet in the case of cyberattack. That doesn’t seem like an outrageous provision to me; it sounds like a sensible option to protect vital government systems. In fact, I’d be surprised if that power doesn’t already exist within the various federal agencies. This would allow the President to make a blanket order to take networks off line.

That doesn’t make it completely benign, either. That power could get abused to keep people from accessing public information. However, the provision on its own does not equate to “shutting down the Internet”, at least not how I read it.

Section 14 may be a bigger problem. It essentially revokes all privacy safeguards on Internet use for all networks. The Fourth Amendment would go straight out the window with the explicit inclusion of “private sector owned critical infrastructure information systems and networks.” While Section 18 limits jurisdiction to federal networks, Section 14 allows the government to go after private networks without search warrants. The section also doesn’t limit the jurisdiction to acute attacks, either. That jurisdiction exists at all times.

The big problem isn’t that Obama might shut down the Internet. It’s that the bill

[mkjessup]

"Can 0bama Shut Down The Internet?"

Unlikely. The worst he could do would be to restrict traffic but the very nature of the internet provides for rerouting data packets along whatever path (or alternate path) gets the data to it's destination.

The only way to 'shut down the Internet' is to shut it down on a global scale and the Zero doesn't have that kind of power.

Yet.

[gwilhelm56]

I think I can safely say .. which part of the INTERNET would be SHUT DOWN FIRST!!!

[darkwing104]

The question should have started with "When"

[Bloody Sam Roberts]

Maybe. If that is his goal, he will achieve it.

I am a HAM operator. Short of Jackbooted Thugs at my door with weapons hot...I will NOT be silenced.

[fieldmarshaldj]

How ‘bout DU or that other hate site, Huffingglue Post ? Naah, then the moonbats would just swarm over here and tell us how wonderful Slick Willard is to run for President in ‘12. Oh, wait...

[ZULU]

That old witch Olympia Snowe is truly a menace.

[glorgau]

Don’t see how businesses could continue to operate. Credit card transactions and electronic payments come to mind.

[Squantos]

BTTT !

[Bloody Sam Roberts]

Olympia Snowe (R-ME)

Useless PS.

"To The Farm. Immediately."

Obsure reference. Go watch, "A Boy And His Dog" starring Don Johnson and Jason Robards.

[Myrddin]

He might order disconnection of federal computers. He has no power to impact the privately operated elements of the internet. The power mad assholes in Congress think they can seize total control. They underestimate the ability of the technical community to work around them using wired or wireless elements. I was building internets over radio in the early 80's. Well before "off the shelf" networking gear was available. It would be much easier today. The "Freifunk" folks in Germany have done a fine job of converting WRT54GL routers into OSLR mesh networks all over the country. Similar technology is being used in central Africa to bring connectivity to 3rd world countries.

[mc5cents]

You mean like China does? Like Russia does?

Go for it Obama! See what happens you fool.

[LukeL]

All your interwebs are belong to us.