New Law Proposed in Senate: Give the President an “Internet Kill Switch”

The proposed Internet Kill Switch law would give the President the power to take control of vast portions of the Internet, including shutting down the entire thing. That is far too much executive power.

Three members of the United States Senate have proposed a bill that would give the President the authority to shut down huge swathes, or even the entire, Internet.

This is reportedly to give the executive branch the power to deal with a cyber attack, which could cripple our economy in the event of a foreign government declaring a virtual war on us. Given that our electricity grids, water departments, and even retail industries are now integrated with the Internet, the argument is that this is the equivalent of 1950’s highway and railroad infrastructure.

I was infuriated by the Patriot Act’s warrantless wiretapping and, although I understand the concerns, I think this is just as bad. There must be a separation of powers to ensure the executive branch does not have the ability to take action unchecked. It is the brilliance and genius of the American political model and why our Republic has survived for more than two centuries. For example, if the law contained a provision that such an action could be done by the President upon issuance of a special order from the Supreme Court (just like a warrant in a criminal justice case) with a review period by Congress within a set amount of time, I might consider supporting it because if a cyber attack were to occur, the President could address the issue immediately to stop the damage, while the nation would have a check to ensure the power was limited.

Here are some excerpts from the news blogs on the proposed law showing both the liberals and conservatives are not happy with this:

The Huffington Post’s Bianca Bosker writes, “It would also see the creation of a new agency within the Department of Homeland Security, the National Center for Cybersecurity and Communications (NCCC). Any private company reliant on ‘the Internet, the telephone system, or any other component of the U.S. information infrastructure’ would be ’subject to command’ by the NCCC, and some would be required to engage in ‘information sharing’ with the agency, says CBS4. Numerous groups, such as TechAmerica, have criticized the bill, warning of the ‘potential for absolute power’ and expressing reservations about the ‘unintended consequences that would result from the legislation’s regulatory approach.’”

‘What Could Go Wrong?’ Conservative blogger Glenn “Instapundit” Reynolds asks, “What could go wrong?” He adds, “If they shut down the Internet, I’m getting out my gun. And I think everyone should take it as a signal to do the same — because one way or the other, it means the country’s under attack.”

Would Grant Gov’t Authority Over Anything Internet-Related CNet’s Declan McCullogh explains, “Under PCNAA, the federal government’s power to force private companies to comply with emergency decrees would become unusually broad. Any company on a list created by Homeland Security that also ‘relies on’ the Internet, the telephone system, or any other component of the U.S. ‘information infrastructure’ would be subject to command by a new National Center for Cybersecurity and Communications (NCCC) that would be created inside Homeland Security. “

You can learn more at The Atlantic Wire.

Joshua Kennon

Thoughts on Business, Politics, and Life from a Private Investor