CISA Update: Cloture Passed, Masters of the Universe and Sheldon Whitehouse Agree on Compromise

This morning, the Senate voted in favor of cloture on the new (this morning) manager’s amendment on CISA.

Here’s the roll call, which was a blowout. Votes against cloture were:

  • Baldwin (WI)
  • Booker (NJ)
  • Brown (OH)
  • Coons (DE)
  • Franken (MN)
  • Leahy (VT)
  • Markey (MA)
  • Menendez (NJ)
  • Merkley (OR)
  • Paul (KY)
  • Sanders (VT)
  • Udall (NM)
  • Warren (MA)
  • Wyden (OR)

Rand Paul’s amendment — requiring companies to adhere to their contract with customers — failed by a two-thirds margin (I will update with roll call when it’s posted).

One significant change in today’s manager’s amendment was that Sheldon Whitehouse’s crappy CFAA amendment got replaced in its entirety with this language:

SEC. 408. STOPPING THE FRAUDULENT SALE OF FINANCIAL INFORMATION OF PEOPLE OF THE UNITED STATES.

Section 1029(h) of title 18, United States Code, is amended by striking ‘‘title if—’’ and all that follows through ‘‘therefrom.’’ and inserting ‘‘title if the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States, or any State, the District of Columbia, or other Territory of the United States.’’

This basically protects Americans’ data if the data is owned by a US entity, regardless of where the attack on it was launched from (which was the unoffensive part of Whitehouse’s CFAA amendment). Given what Tom Carper said yesterday, we still need to be vigilant against it returning in conference, but for now this is a solid compromise.

 

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

5 replies
  1. orionATL says:

    i’m still puzzled by the fact, if it is a fact, that a 31-year old ssci staffer “authored” cisa. i’d feel better about knowing its provinance if i knew which lobbyists had written, or edited the bill. that the oleagenous senator schumer was excited about the results of the voting suggests one vector.

  2. P J Evans says:

    People at dKos were complaining about the lack of alarm over this stuff. I pointed out that the MSM and most sites aren’t covering it at all, and that even dKos doesn’t have much coverage.

  3. orionATL says:

    a summary of the cis act in the us. senate is this: once again “national security” was hacked, pwnd,fucked over, exploited even, by corporations and congressgoobers acting in concert.

    as best i can understand, the twin covert goals of the congressgoobers (burr, feinstein, and ssci posse +plus unknown lobbyists writig the bil) and corporations involved were:

    – to acquire corporate immunity from the legal ramifications of government techical investigations, eg, ftc, fcc, banking regulators, to acquire immunity from responsibilities to customers, to acquire immunity from acts of cooperating with cisa provisions,

    plus,

    plus, to acquire corporate legal immunities over and above any of the above immunities.

    – to faciitate domestic and foreign spying by the us government by employing the new spying. the new spying gets corporations to do gov’s handywork for it thru surrendering customer records to federal domestic policing agencies – dhs, fbi, nsa..

    national security, fuckd again by congressgoobers and corprations (as was the case with usafreedum).

    it was $30 a pound cheese and $100 a bottle wine in selected washington offices this afternoon.

  4. bloopie2 says:

    Would any of these statutes apply to flat out theft of computers? Her’s a good candidate for such a cause. “Police are investigating the theft of material related to a recent lawsuit filed against the CIA. It is missing after a suspicious break-in at the UW’s Center for Human Rights.” I can think of a couple suspects …
    .
    http://www.seattletimes.com/seattle-news/crime/files-for-lawsuit-against-cia-stolen-in-break-in-at-uw/?utm_source=news.google.com&utm_medium=Referral&utm_campaign=RSS_editors_picks&google_editors_picks=true

    • orionATL says:

      that’s a good question in my view.

      at what level of meaningfullness to ordinary americans’ computer experience does the cis act apply,

      if at all?

      if at all?

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