Cyber Security Enhancement Act

From The IT Law Wiki

Citation: Cyber Security Enhancement Act ( included as section 225 of the Homeland Security Act (P.L. 107-296)).

[edit] Overview

The Act amended the USA PATRIOT Act to further loosen restrictions on Internet Service Providers (ISPs) as to when, and to whom, they can voluntarily release information about subscribers. The Act lowered the threshold for when ISPs may voluntarily divulge the content of communications. Now ISPs need only a “good faith” (instead of a “reasonable”) belief that there is an emergency involving danger (instead of “immediate” danger) of death or serious physical injury. The contents can be disclosed to “a Federal, state, or local governmental entity” (instead of a “law enforcement agency”).

[edit] Privacy Concerns

Privacy advocates are especially concerned about the language added by the Act. EPIC notes, for example, that allowing the contents of Internet communications to be disclosed voluntarily to any governmental entity not only poses increased risk to personal privacy, but also is a poor security strategy. Another concern is that the law does not provide for judicial oversight of the use of these procedures.