If you've ever wondered how Congress could possible enact legislation as complex as the USA PATRIOT Act less than 30 days after the events of Sept. 11, 2001, you're not alone.
The answer, though, isn't that mysterious. The proposals that eventually became the PATRIOT Act weren't new. They had been introduced unsuccessfully numerous times. But only after the tragic events of 9/11/01 did Congress act.
And that's what leads me to make a prediction: within a few years, perhaps much sooner, there will be an information security "meltdown" event that is too big to ignore. Perhaps terrorists will steal launch codes to nuclear missiles and initiate an attack on Israel. Maybe hackers will infiltrate NSA computers and shut down its network of more than 50 surveillance satellites. Whatever the event, whatever administration is in power—Democrat or Republican—will demand an immediate congressional response: a PATRIOT Act for the Internet.
According to Stanford University law professor Larry Lessig, who founded the university's Center for Internet and Society, the Justice Department is waiting for an Internet security meltdown before introducing a cyber equivalent of the PATRIOT Act. What will the e-PATRIOT Act include? The Justice Department isn't talking, but it's safe to assume that it will include provisions previously introduced, but rejected due to civil liberties concerns. These include:
- Mandatory disclosure of encryption keys and passphrases after a court order or some lesser legal process
- Prohibition of anonymous e-mail accounts
- Mandatory retention of e-mail logs and Web surfing logs by Internet Service Providers
- Mandatory use of "Internet ID cards" to access the Internet
And that's just for starters. The Justice Department no doubt has many other initiatives in mind, waiting for an expedient time for introduction.
As bad as an e-PATRIOT Act would be, it's not the end of the world. One suggestion I've seen on several blogs for communicating without the Internet is short-wave radio. And there's always postal mail, which, despite being derided as "snail mail," can't be routinely monitored as easily as e-mail.
While the timing of the e-PATRIOT Act is unknown, its eventual arrival is a near-certainty. Be prepared!
Copyright © 2008 by Mark Nestmann
(An earlier version of this post was published by The Sovereign Society.)
