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With all the blah blah blah going on about CISPA, I’ve managed to keep my mouth shut about it for awhile, but it turns out I do have something to contribute to the dialogue (or, I think I do :) ).
I’m not going to review the language of the bill – I’m sure it’s terrible. Most cyber legislation is. It can’t not be. They all go too far, lack clarity of language, introduce unforeseen escalations of government rights, etc.
There’s no need to go over the givens. :)
So, then, what? Well, after I finally read CISPA and the surrounding reporting, what I noticed was that very few people seem to understand that the bill didn’t come out of nowhere. The language in it, the motivations behind it, the structure of the bill, etc…all of it… completely reflects the information sharing discussion that’s been going on between those engaged in public/private partnership cyber security activities for years. It’s not just a random congressional fart. Anyone who has been part of that discussion should recognize the bill as an old …if not friend…sparring partner.
For those who don’t know, there is, in this space, an institutionalized gridlock in the debate about information sharing. CISPA clearly is an attempt to remedy this very, very specific gridlock. It’s not a general cyber security bill. It’s not even a general information sharing bill.. It is designed to address the perspective that the government has information it won’t share, that clearances have been roadblocks, and that legal ambiguities have prevented sharing.
Now, while I happen to think that some of these are in fact roadblocks, I also know CISPA doesn’t touch the heart of what the most severe and core information sharing problems are. But, unfortunately, I’m in the minority. A great number of otherwise intelligent people do believe in what it’s trying to accomplish, typically terrible language notwithstanding.
Maybe no one else finds this worth noting, but I at least thought it was unusual that the structure of the existing conversation is so clearly reflected in a piece of legislation…