'Codifying' Government Surveillance, Senate Passes CISA

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'Codifying' Government Surveillance, Senate Passes CISA

"If President Obama does not veto this bill, he'll be showing that his administration never truly cared about the open Internet," rights group says

The U.S. Senate approved CISA on Tuesday. (Screenshot)

Update:

The U.S. Senate on Tuesday passed the Cybersecurity Information Sharing Act (CISA) without any of the proposed amendments that would have strengthened user protections. The bill passed 74-21 (see the roll call here).

Rights groups immediately called for President Barack Obama to veto the bill and vowed to keep pressure up.

"Every senator supporting #CISA today voted against a world with freedom, democracy, and basic human rights," tweeted digital rights organization Fight for the Future. "If President Obama does not veto this bill, he'll be showing that his administration never truly cared about the open Internet."

"This vote will go down as the moment Congress codified the US government’s unconstitutional spying. A sad day for the Internet," the group added.

In its response to CISA's passage in the Senate, the Electronic Frontier Foundation marked its disappointment and said: "The bill is fundamentally flawed due to its broad immunity clauses, vague definitions, and aggressive spying authorities." 

With the bill now moving to conference committee, EFF expressed no confidence that it would be improved.

"The passage of CISA reflects the misunderstanding many lawmakers have about technology and security," EFF continued. "Computer security engineers were against it.  Academics were against it. Technology companies, including some of Silicon Valley’s biggest like Twitter and Salesforce, were against it. Civil society organizations were against it. And constituents sent over 1 million faxes opposing CISA to Senators."

EFF vowed that the fight against the bill would continue through the conference committee process, where the group would urge lawmakers to add privacy provisions. "We will never stop fighting for lawmakers to either understand technology or understand when they need to listen to the people who do," the group said.

The official Senate roll call to the vote follows:

Alphabetical by Senator Name

Alexander (R-TN), Yea
Ayotte (R-NH), Yea
Baldwin (D-WI), Nay
Barrasso (R-WY), Yea
Bennet (D-CO), Yea
Blumenthal (D-CT), Yea
Blunt (R-MO), Yea
Booker (D-NJ), Nay
Boozman (R-AR), Yea
Boxer (D-CA), Yea
Brown (D-OH), Nay
Burr (R-NC), Yea
Cantwell (D-WA), Yea
Capito (R-WV), Yea
Cardin (D-MD), Nay
Carper (D-DE), Yea
Casey (D-PA), Yea
Cassidy (R-LA), Yea
Coats (R-IN), Yea
Cochran (R-MS), Yea
Collins (R-ME), Yea
Coons (D-DE), Nay
Corker (R-TN), Yea
Cornyn (R-TX), Yea
Cotton (R-AR), Yea
Crapo (R-ID), Nay
Cruz (R-TX), Not Voting
Daines (R-MT), Nay
Donnelly (D-IN), Yea
Durbin (D-IL), Yea
Enzi (R-WY), Yea
Ernst (R-IA), Yea
Feinstein (D-CA), Yea
Fischer (R-NE), Yea
Flake (R-AZ), Yea
Franken (D-MN), Nay
Gardner (R-CO), Yea
Gillibrand (D-NY), Yea
Graham (R-SC), Not Voting
Grassley (R-IA), Yea
Hatch (R-UT), Yea
Heinrich (D-NM), Yea
Heitkamp (D-ND), Yea
Heller (R-NV), Nay
Hirono (D-HI), Yea
Hoeven (R-ND), Yea
Inhofe (R-OK), Yea
Isakson (R-GA), Yea
Johnson (R-WI), Yea
Kaine (D-VA), Yea
King (I-ME), Yea
Kirk (R-IL), Yea
Klobuchar (D-MN), Yea
Lankford (R-OK), Yea
Leahy (D-VT), Nay
Lee (R-UT), Nay
Manchin (D-WV), Yea
Markey (D-MA), Nay
McCain (R-AZ), Yea
McCaskill (D-MO), Yea
McConnell (R-KY), Yea
Menendez (D-NJ), Nay
Merkley (D-OR), Nay
Mikulski (D-MD), Yea
Moran (R-KS), Yea
Murkowski (R-AK), Yea
Murphy (D-CT), Yea
Murray (D-WA), Yea
Nelson (D-FL), Yea
Paul (R-KY), Not Voting
Perdue (R-GA), Yea
Peters (D-MI), Yea
Portman (R-OH), Yea
Reed (D-RI), Yea
Reid (D-NV), Yea
Risch (R-ID), Nay
Roberts (R-KS), Yea
Rounds (R-SD), Yea
Rubio (R-FL), Not Voting
Sanders (I-VT), Nay
Sasse (R-NE), Yea
Schatz (D-HI), Yea
Schumer (D-NY), Yea
Scott (R-SC), Yea
Sessions (R-AL), Yea
Shaheen (D-NH), Yea
Shelby (R-AL), Yea
Stabenow (D-MI), Yea
Sullivan (R-AK), Nay
Tester (D-MT), Nay
Thune (R-SD), Yea
Tillis (R-NC), Yea
Toomey (R-PA), Yea
Udall (D-NM), Nay
Vitter (R-LA), Not Voting
Warner (D-VA), Yea
Warren (D-MA), Nay
Whitehouse (D-RI), Yea
Wicker (R-MS), Yea
Wyden (D-OR), Nay

Earlier:

As the U.S. Senate gears up for a vote on the controversial Cybersecurity Information Sharing Act (CISA) on Tuesday, privacy advocates are galvanizing an 11th-hour push against the bill they say does nothing more than expand government spying powers.

A slew of digital rights groups including Fight for the Future and the Electronic Frontier Foundation, along with whistleblower Edward Snowden and outspoken CISA opponent Sen. Ron Wyden (D-Ore.), joined forces Monday night for an Ask Me Anything (AMA) session on Reddit, which has also come out against the bill. The session was the latest action by civil society groups, activists, and tech companies calling on Congress to reject CISA for its anti-privacy provisions.

"CISA isn't a cybersecurity bill," Snowden wrote during the Q&A. "It's not going to stop any attacks. It's not going to make us any safer. It's a surveillance bill."

Supporters of CISA—including Sens. Dianne Feinstein (D-Calif.) and Richard Burr (R-N.C.)—say the bill would make it easier for tech companies to share data in cases of security breaches and other digital attacks. But critics say there aren't enough safeguards in place to protect user privacy and the bill only works to serve intelligence agencies in domestic surveillance operations.

"What it allows is for the companies you interact with every day—visibly, like Facebook, or invisibly, like AT&T—to indiscriminately share private records about your interactions and activities with the government," Snowden wrote on Monday. "CISA allows private companies to immediately share a perfect record of your private activities the instant you click a link, log in, make a purchase, and so on—and the government with reward for doing it by granting them a special form of legal immunity for their cooperation."

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Fight for the Future campaign director Evan Greer said the Senate's vote on Tuesday "will go down in history as the moment that lawmakers decided not only what sort of Internet our children and our children's children will have, but what sort of world they will live in."

The campaigns, which are being waged under the hashtag #StopCISA, urge senators to oppose the bill and protect civil liberties.

Greer added, "Every Senator who votes for CISA will be voting for a world without freedom of expression, a world without true democracy, a world without basic human rights. And they will be voting for their own removal from office, because the Internet will not forget which side of history they stood on."

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