The act at once expands government surveillance capabilities and the elimination of safe harbors for first-time interceptors of cellular phone traffic.

On July 15, 2002 The House just passed the Cyber Electronic Security Act by an overwhelming margin of 385-3. The act passed the Senate as an amendment to the Homeland Security Act on November 19, 2002 by a vote of 90-9.

I disagree with the provisions outlined in Section 108. As a cell phone owner, I support cellular phone privacy, but I don't believe that a harsher penalty for radio hobbyists is the way to achieve it. Cellular phone traffic does not become more secure by charging first-time offenders with felonies and putting them in jail for five years.

As an Federal Communications Commission licensed amateur radio operator for five years, I am well familiar with the insecurity of radio signals. It may surprise you that an old UHF black and white television can receive older-style cellular phone transmissions with remarkable clarity. This isn't a failure on the part of the television or the television owner, but the cellular networks for not providing customers with technically available security. This criminalizes the actions of curious hobbyists for the shortcomings of a highly profitable industry.

Section 102 of CSEA is an alarming expansion of the "emergency exception" to judicial review requirements for obtaining voicemail and email. In particular, the act's "good faith" requirement for service providers seems ripe for abuse. By relaxing the standard from a "reasonable belief" to "a good faith belief," the act seems to encourage the use of scare tactics and alarmism, rather than evidence and facts, to uncover information. Under the provision, a provider has no incentive to protect a customers' privacy or obligation to report inquiries.

Further, an emergency is no longer required to be "imminent" for disclosure to be made. In other words, an indeterminate threat that may take place at some unknown point in the future is enough to reveal personal information. This standard is unacceptably weak.

Also, CSEA allows disclosure to "a Federal, State, or local government entity," not just law enforcement agents. As it is written, the act seems to allow public high school principals and tax collectors to request information from service providers.

See Hackers face life under US security Bill by John Geralds for Informatics Online.

See my Letter to my Senators, July 23, 2002 for the implications of these new laws.

Reciprocal links: Warblogging.com.

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