The Cybersecurity Act of 2009 passed a Senate panel, giving the president unprecedented power to issue a nation-wide blackout or restriction on websites without congressional approval. The bill, written by Sen. Jay Rockefeller [D-WV] and revised by Sen. Olympia Snow [R-ME], was drafted in an attempt to thwart internet-based terrorist threats, and gives the president this 'kill switch' without oversight or explanation. The bill is up in for Senate vote.
A couple weeks ago, Sen. Rockefeller partnered with Sen. Olympia Snowe [R, ME] to introduce a major revision to the bill that, among other things, made changes the emergency “kill switch” provision. The revision was adopted by the committee last Thursday and the bill was approved. It’s now ready for consideration by the full Senate.
The revised bill would require the President to develop an “emergency response an restoration” plan with the help of private industry and other government agencies, but it is vague enough that it does not actually limit what the plan can include. The President would still have authority to declare an emergency and implement the plan without first seeking congressional approval, though he would have to report to Congress within 48 hours after declaring an emergency. The revised bill also doesn’t require the plan to be made public, so it could potentially give the President the same authority to restrict internet access as the original bill did, just without being explicitly and publicly stated in the legislation itself.
Here is the current text of the bill: S. 773 (pdf)
Here is the govtrack link that monitors the progress of this bill: govtrack: S.773 (note that this site does not yet have the modified text of this bill)
