[Congressional Record Volume 159, Number 53 (Thursday, April 18, 2013)]
[Extensions of Remarks]
[Pages E495-E496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CYBER INTELLIGENCE SHARING AND PROTECTION ACT

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                       Wednesday, April 17, 2013

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 624) to 
     provide for the sharing of certain cyber threat intelligence 
     and cyber threat information between the intelligence 
     community and cybersecurity entities, and for other purposes:

  Ms. JACKSON LEE. Madam Chair, I rise to speak on H.R. 624, The Cyber 
Intelligence Sharing and Protection Act.
  I thank and appreciate the hard work done by Chairman Rogers and 
Ranking Member Ruppersberger for their leadership of the House 
Committee on Intelligence that crafted the legislation we are 
considering. They have demonstrated their strength of bipartisanship in 
their work to make great improvements in the bill that was considered 
during the last Congress.
  The bill is intended to improve our nation's ability to investigate 
and prosecute cybersecurity crimes; secure the protection of 
individuals from danger of death or serious bodily harm and investigate 
and prosecute crimes against the most vulnerable in society--our 
children. The bill's objective regarding minors is to provide physical 
safety for them from sexual abuse, kidnapping and trafficking.
  The debate on H.R. 624, the Cyber Intelligence Sharing and Protection 
Act afforded members of the House of Representatives and the American 
public a view into some of the more complex issues related to the 
protection of digital information.
  The bill's drafters and those who have contributed to the process 
through the amendments offered worked to improve the work already done 
by the Intelligence Committee. The goal of the bill is not to lay bare 
the personal digital records of every individual living in the United 
States. The text of the legislation explicitly states that the 
government could not obtain library records, library patron lists, book 
sales records, book customer lists, tax return records, education 
records or medical records.
  The Internet challenges us as policymakers because it introduces into 
our deliberative process a class of technology that can change far 
faster than other forms of technology. This fact is acknowledged by the 
bill's sponsors by highlighting the nature of threats that exists on 
the Internet--rapid and automated. Cyber attacks can be as short as a 
few minutes or last for only 2 hours. Thieves work together and have 
learned to use our own personal computers to help them hurt us. The 
tools that have proven to be the most threatening are called botnets. A 
botnet uses a computer virus or worm program to infiltrate computers 
and take control of them. One botnet can be made of millions of private 
personal computers. A botnet of this size would have the computing 
power to overwhelm a major institution's network with a brute force 
attack that searches for the password to one account on a computer 
network. Once the botnet controller has gotten access to a private or 
government network they can use that access to seek greater control.
  The question for us today is should the Congress view the threats 
posed by the Digital Information Age with the same urgency as when our 
nation has faced events such as September 11 or catastrophic 
hurricanes.
  Many of my colleagues have joined me in expressing great concern 
about privacy and civil liberties as the Federal presence on the 
Internet has grown. Federal government agencies are now using Facebook, 
Twitter and YouTube to communicate with and engage millions of 
Americans.
  There appears to be no scarcity in the capacity of the Internet to 
accommodate new business websites, technological innovations or the 
millions of new Internet users who purchase digital devices, create 
blogs or e-mail accounts.
  The Internet is more than ones and zeros--it is how the world is 
working, living, and communicating. Its borderless nature and 
ubiquitous presence means that billions of computing devices can 
interact and connect using the global telecommunication infrastructure.
  Computing technology was once tethered by technical limitations to 
physical spaces--now computing devices are mobile. For example, a few 
years ago, portable phones that were as powerful as computers were 
difficult for most consumers to imagine--now they are common place. 
Unfortunately, with every advance in computing innovation we see that 
there are those within society who would search for vulnerabilities in 
these innovations to disrupt their operation.
  The Internet is a critical path forward for our nation's recovering 
economy. However, to meet the challenges and take advantage of the 
opportunities the Internet makes possible, we must understand the 
threats and risks as well as take full advantage of innovation.
  One of the central challenges for us as legislators is to preserve 
the Constitution of the United States for future generations. Each 
generation of Americans has had the task of defining the role of 
government in their lives. Today, the Internet is making the role of 
government in American life in some ways more transparent and 
accessible through government agency websites.
  We as members of Congress are using the Internet to bring more 
transparency to the work we do on behalf of our constituents. The 
content found on House web pages provides access to information 
regarding the work we do on behalf of the public.
  The Internet could also make the government's presence in our lives 
much more opaque. For example, the same social networking services that 
families and friends create to share details about their lives is not 
held solely under their control.
  What once would have been words shared among family members are now 
digital data stored with social networking service providers. Computer 
stored data can live on far longer than may be prudent for the peace 
and tranquility of family life or economic opportunities as our child 
transition from youth into responsible adults.
  If the government gained access to the digital equivalent of your 
papers and effects--it would leave no signs of having done so. Digital 
information unlike paper does not fade way nor do the words in digital 
files degrade when they are copied over and over again.
  What is more problematic for the purpose of our debate on this bill 
is what would happen if the government had open access to decades of 
communications: the books read; videos watched; thoughts expressed; or 
the joys and sorrows of millions of our nation's citizens. How would 
this impact the America experience?
  We know that the founders of this nation were determined to protect 
the privacy of people from the power of the government. The Fourth 
Amendment states:

       The right of the people to be secure in their persons, 
     houses, papers, and effects, against unreasonable searches 
     and seizures, shall not be violated, and no Warrants shall 
     issue but upon probable cause, supported by Oath or 
     affirmation, and particularly describing the place to be 
     searched, and the persons or things to be seized.

  The constantly shifting Internet environment creates challenges for 
policy makers. Today, the ``papers and effects'' of persons have 
changed in the new Information Age into digital data. This information 
is not limited to the home, but is mobile as well as remote from the 
owners of the information.
  How do we make sure that the Constitution is preserved and that we as 
its stewards pass it to the next generation in better condition than 
when we took an oath to protect it--not just the parts of the document 
that we like, but all of it.
  Although the challenges are great, the rewards of an environment that 
supports innovation while protecting privacy, civil liberties, and 
freedom should be the focus our nation's policies and laws that govern 
our decisions regarding the Internet.
  As members of Congress we must keep a watchful eye on preserving, 
defending and protection the Constitution. It is our duty--our passion 
and our calling to serve this nation--unwavering in our commitment to 
act first in the interests of the entire country as we see to the needs 
of the people we serve.

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