President has had 'kill switch' for communications since 1934

 

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Lobbyists are scaring up concerns that a Senate cybersecurity bill would give the president new powers to shut down private sector networks in an emergency. But the claims are wrong, argues Alan Paller, director of research for the SANS Institute. The president has had those powers since 1934.

Contrary to what's being widely and incorrectly reported in a number of media outlets, there is no kill switch in the Lieberman-Collins-Carper cybersecurity bill (S 3480) that would give the President of the United States new powers to shut down critical networks. But there is one already on the books in the Telecommunications Act. of 1934.

The Lieberman-Collins bill just authorizes standard filtering like that done by Internet service providers every day, but in a nationally-coordinated fashion. The only kill switch appears to be in Section 706 of the Communications Act of 1934 that already gives the President the power in a time of national security emergency to shut down or disrupt network traffic.

The Lieberman-Collins bill is much more measured and effective. The relevant sections of the bill and the original 1996 Telecommunications are provided the below and are worth reading.

Much of the press has been totally fooled by information technology and telephone company lobbyists, and by an incorrect article from a CNET reporter (I wonder who gave him the incorrect data) that got repeated over and over.

The next time you hear lobbyists talk about “unintended consequences” and “kill switches” remember how the car companies tried to block mandatory seat belts by telling us that our wives or husbands and children would die in car fires because the seat belts would keep them from escaping. And you might consider recalling the immortal words of Garrison Keillor, “Liar, liar, pants on fire.

Here is the wording from Section 706 (c) of the Communications Act of 1934:

“Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States”

Here is the wording from the Lieberman-Collins bill:

‘‘Section 249. National Cyber Emergencies.

"If the President issues a declaration under paragraph (1), the Director shall—

‘‘(A) immediately direct the owners and operators of covered critical infrastructure subject to the declaration under paragraph (1) to implement response plans required under section 248(b)(2)(C);

"(B) develop and coordinate emergency measures or actions necessary to preserve the reliable operation, and mitigate or remediate the consequences of the potential disruption, of covered critical infrastructure;

‘‘(C) ensure that emergency measures or actions directed under this section represent the least disruptive means feasible to the operationsHEN10601 S.L.C. of the covered critical infrastructure and to the national information infrastructure;

‘‘(D) subject to subsection (g), direct actions by other Federal agencies to respond to the national cyber emergency;

‘‘(E) coordinate with officials of State and local governments, international partners of the United States, owners and operators of covered critical infrastructure specified in the declaration, and other relevant private section entities to respond to the national cyber emergency;

‘‘(F) initiate a process under section 248 to address the cyber risk that may be exploited by the national cyber emergency; and

‘‘(G) provide voluntary technical assistance, if requested, under section 242(f)(1)(S).”

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