Proposed Cybersecurity Bill Raises Privacy and Executive Abuse of Power Concerns

Currently there is proposed legislation that would give the President power to seize control of private networks during a national cybersecurity threat.  Proponents of the legislation believe this bill is necessary to protect:

• vital private networks containing personal banking information;

• networks of power and water systems; and

• private citizens’ health records.

However, opponents of the legislation fear that this bill will give the President too much control over private networks and raises significant privacy concerns.

Specifically, section 201 of the legislation allows the President to engage in  “periodic mapping of private networks deemed to be critical, and those companies shall share requested information with the federal government.”  Essentially this language gives the President the authority to continually have access and monitor “critical” networks and force companies who own these networks to hand over private information, as requested, to the President.  Naturally this particular language raises legitimate concerns about privacy and Executive abuse of power.

The Federal Privacy Act provides safeguards and protections against the President’s access to private citizens’ information.  However, in the case of a threat to national security, the President can seize and withhold information on private citizens.  This new proposed legislation regarding cybersecurity potentially violates the Federal Privacy Act because the bill gives the President the power to have access to private networks despite any threat to national security.

Naturally, owners of  “critical” networks do not support the bill in its current state.  Any threat to National Security involving private networks and the internet, does warrant immediate action by the President.  However, the White House’s continued access and monitoring of these networks violates privacy laws and if implemented, will certainly receive legal challenges.