Do Americans Have To Give Up Privacy For Protection?

By Michelle Giametta on 08/31/2009

The anniversary of September 11th is right around the corner and even though Americans have not experienced a terrorist attack in the eight years since then it is important that Americans stay ahead of the game to keep this nation safe.

This past spring, Senator Rockefeller (D) and Senator Snowe (R) introduced legislation, The Cybersecurity Act of 2009, which is meant to protect the country against cyber attacks. An April 1st press release on Senator Rockefeller's official website stated that, "The Rockefeller-Snowe initiative will carve a course for our country to embrace a 21st century national security policy that will protect and preserve American cyberspace. Uniquely designed to establish a fully integrated public-private partnership to coordinate cyber security efforts, this legislation will ensure we have many of the tools to target, isolate and effectively combat cyber-attacks in America."

There is no denying that there is a looming cyber threat. According to an article written for The Washington Post, "U.S. intelligence officials have warned that a sustained attack on private computer networks could cause widespread social and economic havoc, possibly shutting down or compromising systems used by banks, utilities, transportation companies and others."
America's vulnerability to a devastating cyber attack is real but does this bill go too far?

Almost immediately after this bill was proposed it was met with opposition by both liberals and conservatives forcing Senator Rockefeller and Senator Snowe to redraft the bill. CBSNews.com obtained a copy of the new version of the bill, "which still appears to permit the president to seize temporary control of private sector networks during a so-called cybersecurity emergency."

Critics including many telecommunication companies and civil liberty groups are fearful that this legislation is too vague and would give the president and the executive branch sweeping powers over Americans' privacy. In an article written for Forbes, Katie Martin, director of the Center for National Security Studies stated that, "Although it's not clear, it seems to override all privacy protections that cover citizens' activities on the Internet." The bill as it is now written would give the president the power to declare a "cybersecurity emergency" and the power to shut down or limit internet traffic to any website the administration deems "critical" to national security.

Although the bill doesn't grant the president detailed powers, does its vagueness represent exactly that threat? What would the limits of executive power be in a cyber emergency? What constitutes a cyber emergency and most importantly, who would regulate and oversee the executive power to make sure that it would never be abused? We Americans value our freedom and our right to privacy. We must take all steps necessary to safeguard our rights. Once taken away, we may never be able to get them back.

[Additional Photos: AP, 2009; Kenneth Corbin, InternetNews.com, 2009