It's unconstitutional, period. There's no arguing this.evilneko said:Pfft, I change my avatar all the time.LetalisK said:Even though I could have done more research, I'm going to side with you on this one. Which is being very generous since I'm still angry you changed your original avatar.evilneko said:CISPA is not SOPA, has nothing to do with SOPA, doesn't do anything even remotely similar to SOPA, and does not pose a massive threat like SOPA did.
This is some serious hyperbole.Zer_ said:They can basically say "This guy is a potential "Cyber-Terrorist" (which means jack shit) and BAM they gather every bit of information you've left behind on the Internet. Porn history (Yeah whatever), private e-mails, Bills, transactions, EVERYTHING.
This is even more serious hyperbole.The reason the media isn't nearly as active on CISPA is because the bill specifically protects corporations who give your information out to the government. This bill is absolutely stupid, and it's a clear breach of the 4th Amendment on the American Constitution.
This is quite a bad idea if you want to apply it universally.Anything more than a reactionary response to crime is fucking dumb.
Indeed.It's not SOPA,
I (obviously) disagree. I don't really see the language being as broad as the EFF is making it out to be. Maybe I'm biased because networking is my field, but I see this as, "well shit, we do this anyway." CISPA doesn't let the government tap anything, it spells out how private companies can share information they gather between with the government and vice-versa, something which they could already do before CISPA. It doesn't allow them to break the law in order to obtain information either.but that doesn't mean that the bill doesn't pose a massive risk to internet freedom due to its vague wording.
I disagree with this evaluation. To use the definitions in the bill, you would be in possession of "cyber threat information." Nothing in CISPA makes possession of cyber threat information an offense, or a reason for monitoring, or anything of the sort. You're simply an individual with information. In fact, if you chose to disclose this information to the affected site, CISPA would actually protect you from being sued. This is a positive step forward, actually.Off the top of my head using the wikipedia article, my simply knowing that a site has an SQL vulnerability would allow me to be monitored under this act, even though I'm not a US citizen.
Ask a few people stuck on overloaded cable nodes what they think of torrent users.Alternatively, you could say that 'degrading' a network could be constituted by using bittorrent to share files, as this uses bandwidth.![]()
Plausibly, but would the network owner bother, beyond determining who the biggest bandwidth hogs are and warning them to cut it out or shell out more money? You said yourself monitoring is impractical. And again, nothing stops them peeking at your unencrypted traffic right now anyway. Know what keeps them from handing over data to the likes of the RIAA? A strong desire, borne of enlightened self-interest, not to turn themselves into copyright cops. Nothing about CISPA would change that particular desire.Therefore anyone using p2p networks (although these are perfectly legitimate in themselves, and it is specific users engaging in copyright infringement) could plausibly be monitored.
And then the rest of your post goes off on a massive, IMO unjustified, tangent, which I won't bother to address.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=389&invol=347
Combine this with the United States vs Jones case (which is mostly considered a supplement to the Katz case), and you can begin to see the concerns. Even with the recent amendments, the bill is still far too vague. The whole point of the protest against CISPA is based off of the severe distrust for government and their agencies. They have proven time and time again that they will circumvent the Constitution in order to keep track of citizens, as has been displayed in the recent United States VS Jones case on warrantless GPS tracking.
To even try to pass a bill that allows the government to gather personal information without a warrant is absolute absurdity. Decades of cases prove that the FBI and other government agencies overstep their bounds on a regular basis. If you trust your government, then fine go ahead. Fortunately most people are smart enough to realize that this is a bill that WILL be abused, therefore it cannot pass.
http://www.scotusblog.com/case-files/cases/united-states-v-jones/
The Justice department did not confirm whether or not the GPS tracking used on Jones was reasonable, however all five Justices did conclude that Warrantless GPS tracking was unconstitutional.
http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf