At a glance.
- Google files new brief in Section 230 case.
- The battle over Section 702.
- CISA looks back at 2022.
- Canadian minister agrees to compromise on cybersecurity bill.
Google files new brief in Section 230 case.
As we’ve discussed previously, the US Supreme Court is in the midst of a case challenging Section 230 of Communications Decency Act of 1996, which shields internet companies from liability for the content posted by users. The plaintiffs are the family of Nohemi Gonzalez, a woman who was killed in a 2015 ISIS terrorist attack, and they argue that video streaming site YouTube not only knowingly allowed radicalizing videos on their platform, but that YouTube’s algorithms also recommended those videos to viewers.
Yesterday, the Wall Street Journal reports, YouTube parent company Google filed a new brief arguing that scaling back Section 230 could not only lead to increased censorship, but could also result in an increase in offensive content on smaller platforms who drop their filters in order to avoid liability for censoring their content. The brief reads, “This Court should decline to adopt novel and untested theories that risk transforming today’s internet into a forced choice between overly curated mainstream sites or fringe sites flooded with objectionable content.” The case is set for oral arguments on February 21.
The battle over Section 702.
The Washington Post reports that the Privacy and Civil Liberties Oversight Board yesterday gathered both advocates and opponents of Section 702 to discuss the possibility of reauthorizing the measure. Set to expire this year, Section 702 is part of a 2008 update to the 1978 Foreign Intelligence Surveillance Act (FISA), which allows the National Security Agency to eavesdrop on foreign targets without a warrant. As Stars and Stripes explains, there has been much debate over whether Section 702 should be allowed to expire or if it should be renewed, and the controversy has only been further complicated by the Republican party’s newly-gained control of the House. Proponents of the measure argue that the measure has allowed the intelligence community essential access to intel that has helped prevent cyberattacks and patch bugs in digital systems. However, civil rights advocates say Section 702 violates the privacy of US citizens, whose communications are often also swept up in what is called “incidental collection.”
Cyber Command chief General Paul Nakasone presented the keynote address, in which he made the case for renewal of the surveillance power. “This authority provides the US government irreplaceable insights whether we are reporting on cybersecurity threats, counterterrorism threats or protecting U.S. and allied forces,” Nakasone said. “FISA Section 702 has helped us to understand the strategic intentions of the foreign governments we are most interested in, the People’s Republic of China, Russia, Iran and Democratic People’s Republic of Korea.” However, Nakasone noted, it’s difficult to convey the impact of these surveillance missions, as most of the details are classified. Cindy Cohn, executive director of the Electronic Frontier Foundation, argued that 702 is effectively a "national security exception to the US Constitution, adding, "The American people and indeed people all around the world have lost the ability to have a private conversation over digital networks.” As 2023 unfolds, it’s expected that House Republicans will use their powers to further push back on the renewal of 702, which they believe was used by spy agencies to undermine the administration of ex-President Donald Trump.
CISA looks back at 2022.
The US Cybersecurity and Infrastructure Security Agency (CISA) yesterday released its 2022 Year in Review. Providing an overview of the accomplishments made by CISA and its partners in defending the country’s critical infrastructure, CISA explains that this year’s report is structured around the four goals outlined in the agency’s Strategic Plan: Cyber Defense, Risk Reduction and Resilience, Operational Collaboration, and Agency Unification. CISA Director Jen Easterly states, “As one of the youngest agencies in the federal government, we’ve grown significantly each year in capability and capacity, collaborating with our myriad of partners to reduce risk to the cyber and physical infrastructure Americans rely on every hour of every day. 2022 has been an especially productive year for our team and our partnerships and we look forward to continuing this momentum into 2023.”
Canadian minister agrees to compromise on cybersecurity bill.
Marco Mendicino, Canada's federal public safety minister, says he is willing to work with other parliamentarians to update the Liberal government’s cybersecurity legislation. The bill in question, which was introduced last year, stipulates that key enterprises in the banking and telecommunications sectors must improve their cybersecurity and transparency regarding digital attacks, or risk penalties for noncompliance. Global News explains that civil society groups and parliament members from the opposition have expressed concerns that the bill would allow government surveillance in violation of private companies’ privacy rights, and would also authorize the government to collect broad categories of information from operators that could pose a risk to personal data. Mendicino has argued that the legislation is necessary to protect Canada’s essential systems from cyber threats, but he conceded in a recent interview that the government is ready to compromise in order to find “ways in which we might improve this bill,” and that the overarching goal is to “put in place the smart and prudent steps to guard against potential threats to our national security in cyberspace.”