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Re:Unite with Namecheap in the fight against CISPA by tptacek on Saturday February 16, 2013 @10:25PM (#5234071)
Exactly how would CISPA indemnify a company that hacked on its behalf? Obviously I'm asking because I think there is no way that it does.
Re:Unite with Namecheap in the fight against CISPA by drucken on Saturday February 16, 2013 @10:51PM (#5234121)
Section 2.B.1:

SELF-PROTECTED ENTITIES- Notwithstanding any other provision of law, a self-protected entity may, for cybersecurity purposes--

(i) use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property of such self-protected entity; and

`(ii) share such cyber threat information with any other entity, including the Federal Government.

Section 2.B.4:

EXEMPTION FROM LIABILITY- No civil or criminal cause of action shall lie or be maintained in Federal or State court against a protected entity, self-protected entity, cybersecurity provider, or an officer, employee, or agent of a protected entity, self-protected entity, or cybersecurity provider, acting in good faith--

`(A) for using cybersecurity systems to identify or obtain cyber threat information or for sharing such information in accordance with this section; or

`(B) for decisions made based on cyber threat information identified, obtained, or shared under this section.

1. The key phrase "Notwithstanding any other provision of law" allows those parts of the bill to ignore all other laws.

2. "EXEMPTION FROM LIABILITY" subsection could not be any more clear.

3. "use cybersecurity systems to identify and obtain cyber threat information" is such broad language as to mean almost anything, especially in context of software.

But we're getting side-tracked, imo. At this point, I would not even try to prevent the US government getting whatever information it wanted, however it wanted - third party or not. The key is what they are allowed to do with it after they have it...

Re:Unite with Namecheap in the fight against CISPA by tptacek on Saturday February 16, 2013 @10:58PM (#5234134)
"Cybersecurity systems" are intrusion detection systems. It's a ludicrous misreading of the law to suggest that you can call a zero-day exploit a "cybersecurity system" that you've deployed "preemptively" against a threat. To see why, reframe: anybody running an exploit against any system could make that claim. It clearly does not mean that.

The term is defined later in the bill.