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CISPA. The Cyber Intelligence Sharing and Protection Act. A Description of CISPA.
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CISPA The Cyber Intelligence Sharing and Protection Act
A Description of CISPA • CISPA was an anti-piracy act that was passed recently through the House of Representatives, and a blatantly unconstitutional piece of legislation which would destroy all privacy on the Internet. However, because the Senate refused to vote on the act, CISPA was shelved. The act being shelved as opposed to completely annihilated, there is still potential for the act to resurface and be passed. • CISPA allows sites to reveal anyone’s personal data and information without any legal consequence or a warrant. For example, if one used a popular search engine, the government could merely search a name and all data that site has on that person would be open for the government’s exploitation and scrutiny. This would effectively shatters all sense of privacy on the Internet. • The victim of this spying would not even know that these sites, which have privacy terms of their own, would essentially have the legal right to completely ignore these terms.
Description of CISPA (cont.) • One of the most controversial points of CISPA is the fact that the government can conduct a search of anyone’s personal files and information – without a warrant. This is the main fodder for the arguments stating that CISPA is unconstitutional, for the Fourth Amendment decrees, • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” • The amendment, in essence, gives people the right to have privacy and not have his or her belongings and information seized and scrutinized without a warrant. CISPA flies in the face of this amendment, thus sparking heated protests against its unconstitutional trait.
Mike Rogers’ Arguments Organizations, such as Anonymous, protested CISPA vehemently.
Connection to Animal Farm • An Internet where CISPA rules supreme would effectively create a dystopia. Animal Farm by George Orwell, where every animal in the society is watched and oppressed by the government, is comparable to this prospect, as well as the ever-oppressive society of Nazi-era Europe. • Save for a few minorities who don’t use Internet, everyone is subject to the exposure of their personal information at any given time. • In Napoleon’s dictatorship of Animal Farm, every single animal is constantly observed by the dogs, or Napoleon’s secret police. They are eventually forced to confess their sins and killed brutally, as everything and anything they do is open information for Napoleon.
Connection to the Nazi Era • Nazi-era Europe, shown in both MAUS and The Sunflower, is even more oppressive. Nazi spies lurk in every shadow, and all Jews’ personal belongings are searched through and stolen, as their private and political documents are either destroyed or replaced with a dehumanizing label. • In either society, any attempt to perform a subversive action or foment a rebellion would somehow be known immediately to the government, which would eventually track the insurgents down and punish them. • This is very similar to what would happen if CISPA was passed. Everything one does on the Internet – torrent data, post a blog, or even do so much as comment on an Internet video, could certainly be used as evidence against the culprit in court, again without so much as a warrant– the fact that this defies Constitutional rights reflects the dehumanizing effects ofNazi surveillance. The Gestapo searching some people on the street
Solution: Previous Attempts • It is essentially implausible that CISPA can be permanently vanquished, because it will probably only be shelved and resurface once more sometime in the foreseeable future. Many have chosen to contact Mike Rogers in protest or signed a petition, but the only way to thoroughly extinguish CISPA is to exterminate the source. CISPA was meant to be a solution to illegal pirating on the Internet, and I will attempt to provide a plausible solution that may alleviate or help regulate Internet pirating. Internet pirating can hardly ever be eliminated. The last time a governmental effort that tried to do as much – the shutdown of MegaUpload, a File Sharing website – resulted in an uproar of public protest from Internet users all around the world. Pirate Bay, a site commonly affiliated with pirating, and µTorrent, a program also used as a pirating device
Solution: Pirating • To solve an issue, one must fathom the motive. People pirate because they do not want to pay for things at full price. This is an inevitable thing, and a fragile issue at that. Trying to delete the pirating mirrors and websites would most likely cause a public uproar. Lowering all of the prices for games, movies, and programs would result in an economic fiasco in the electronic entertainment industry. Deleting the illegally distributed files one by one would take an extremely long time. Creating a whole new division of public service like cyber police would also be futile and severely detrimental for governmental funds. • The most credible way people such as fourteen year olds could help resolve the issue is to encourage and enforce the purpose of product keys and registration. Many programs and games exist which detect unregistered and invalid copies. No significant petitions or events exist for this purpose, but it is a cause that has true potential to dissuade many potential Internet “pirates”.
Bibliography • "CISPA is back." CISPA Is Back. Fight For The Future, n.d. Web. 1 June 2013. <http://www.cispaisback.org/>. • Smith, Gerry. "Senate Won't Vote On CISPA, Deals Blow To Controversial Cyber Bill." Huffington Post. Huffington Post, 25 Apr. 2013. Web. 1 June 2013.<http://www.huffingtonpost.com/2013/04/25/ cispa-cyber-bill_n_3158221.html>. • Khanifar, Sina. Rep Mike Rogers Claims that Opponents to CISPA are 14 Year Olds. YouTube. YouTube, 16 Apr. 2013. Web. 4 June 2013. <http://www.youtube.com/watch?feature=player_detailpage&v=3htEqpr99lk>. • "Amendment IV." Legal Information Institute. Cornell University Law School, n.d. Web. 5 June 2013. <http://www.law.cornell.edu/constitution/ fourth_amendment>.