CISPA's gotten worse though. Not only does it now say in no uncertain terms that the 4th Amendment does not apply online, but CISPA now states that uncle sam can do ANYTHING it wants with your personal online data, such as sell it to third parties.
Basically, the "new and improved" CISPA is uncle sam's co-reg bizopp.
While I don't want CISPA anymore than anyone else on this board does, your argument is taking some giant leaps from what the actual bill says. It doesn't say or otherwise imply anywhere that the 4th Amendment does not apply online. What it does say is that service providers will be alerted to cybersecurity threats (more on that later). And then the service providers will be encouraged likewise to share their information with authorities if they have pertinent information.
It's no different than if the government told the local Lowe's to be on the lookout for people buying bomb making supplies. You go into Lowe's and buy 2000 lbs of fertilizer, that's going to be suspicious, so Lowe's alerts the authorities and shares that information with them. That information can then be used in the investigation and subsequent prosecution of the crime. There is nothing as far as the 4th Amendment in this bill that doesn't already exist and has been ruled as constitutional by SCOTUS.
As far as your personal online data and the Government being able to sell it, that isn't the problem as I see it. Who cares if the government is selling your online data, google, facebook, amazon and everywhere else online does virtually the same thing. The people you should be pissed at is your ISP. If you're not suspected of doing anything relating to a "cybersecurity crime" the government won't have your info anyway. If your ISP provided them with access to your information and you were not under investigation or suspected of engaging in "cybersecurity crimes" then both your ISP and the Federal Government have violated Federal Law as written in this bill.
Now, about the amended part that seems to have caused so much controversy. I'll paste it below, but basically Amendment 6 (the one in question) does two things. First it lists out the reasons why this information may be obtained and used. Previously it simply said "cybersecurity crimes". It now lists out cybersecurity crimes (again more on that in a minute) as well as child porn, intent to disrupt a network without authorization, and legitimate threats of bodily harm.
I would argue that by listing out the reason your online data my be obtained and used by the federal government they have actually limited the breadth of the law. When the law was written as simply a "cybersecurity crime" it certainly could have entailed everything from terrorist plots to jaywalking. However, by defining and listing what it can be used for they have given the government limiting powers. Will they abuse those powers and overstep the line? Absolutely, but then it will be up the to courts to decide if the information was obtained for a reasonable suspicion of wrongdoing. That's how our system works.
The second thing the amendment did was to clarify what a "cybersecurity crime" is.
This is the original section of the bill that has since been amended:
Exemption FROM LIABILITY. -- No civil or criminal cause of action lise 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, action 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 decision made based on cyber threat information identified, obtained, or shared under this section.
(5) Relationship TO OTHER LAWS REQUIRING THE DISCLOSURE OF INFORMATION.-- The submission of information under this subsection to the Federal Government shall not satifsy or affect --
This is how that section of the bill now reads:
Exemption FROM LIABILITY. -- No civil or criminal cause of action lise 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, action in good faith --
(1) LIMITATION. -- The Federal Government may use cyber threat information shared with the Federal Government in accordance with subsection (b) --
(A) for cybersecurity purposes;
(B) for the investigation and prosecution of cybersecurity crimes;
(c) for the protection of individuals from the danger of death or serious bodily harm and the investigation and prosecution of crimes involving such danger of death or serious bodily harm.
(D) for the protection of minors from child pornography, any risk of sexual exploitation, and serious threats to the physical safety of such minor, including kidnapping and trafficking and the investigation and prosecution of crimes invovling child pornography, any risk of sexual exploitation, and serious threats to the physical saftey of minors, including kidnapping and trafficking, and any crime referred to in 2258a(a)(2) of title 18, United States Code; or
(E) to protect the national security of the United States
Additionally, the following was added to page 16 before line 1. It defines what a "cybersecurity crime" is:
(4) CYBERSECUTITY CRIME. -- The term 'cybersecurity crime' means --
(A) a crime under Fedearl or State law that involves--
(i) efforts to degrade, disrupt, or destroy a system or network;
(ii) effots to gain unauthorized acces to a system or network; or
(iii) efforts to exfiltrate information from a system or network without authorization; or
(B) the violation of a provision of Federal law relating to computer crimes, including a violation of any provision of title 18, United States Code, created or amended by the Computer Fraud and Abuse Act of 1986 (Public Law 99-474).
Again, I'm not for this proposed legislation and I'm about 85% sure that as it stands now it will get vetoed, but it's not the end of civilization, it's not the end of the Constitution. It updates the law to bring them more in line with the times. It's shitty and the old farts in Congress shouldn't be deciding things like this since half of them can't even use the internet and the other half is trolling Craigslist for skank tail, but we're the ones that gave them that power when we elected them.
/Chapter