UPDATED 13:20 EST / NOVEMBER 23 2010

Homeland Security to Punish Tech Companies? Unlikely.

Recently over at Cnet, Declan McCullagh wrote about a very, shall we say, “financially intrusive” cybersecurity bill  with has reared it’s head in congress.  According to the article, the bill gives the Department of Homeland Security (DHS) the authority to fine technology companies $100k per day if said companies do not comply with DHS policies. (Read:  Whatever Janet Napolitano can come up with on an idle Wednesday.)image

Naturally, this is a scary proposition.  The US government can’t even keep track of its own data or equipment,  let alone effectively assert common sense security regulations on the tech companies that drive our day to day world and its modern economy.  So predictably, this bill has stirred up a little FUD, as it has garnered nearly 50 comments alone at Cnet at the time of this writing, and I even received  a “holy crap” e-mail from my editor.

Again, this is understandable.  But there’s one tiny little thing everybody seems to be missing.

The fact is,  this bill is unlikely to pass. This is a House bill, (HR 6423), and the Republicans just won a sizeable majority in the House.   This is important because  all three sponsors are Democrats. The legislation was  Introduced by Bennie Thompson, (MS-2) and cosponsored by Yvette D, Clarke (NY-11) and Jane Harman (CA-36).  Thompson is the current chair of the Homeland Security Committee,  But he’s set to be replaced by Peter King (R-NY) when the 112th congress  is sworn in come January.

Congressman King’s agenda is reported to be:

Conduct effective oversight of DHS operations and ways to give the intelligence community and law enforcement agencies the tools they need to identify and combat domestic radicalization.

Stop the Obama Administration’s plans to transfer Guantanamo detainees, like admitted 9/11 mastermind Khalid Sheik Mohammed and his co-conspirators, to the U.S. and put them on trial in civilian courts, and holding hearings on the president’s plans to close Guantanamo.

Hold hearings on the attack at Fort Hood.

Work with the Department of Homeland Security to improve cargo security on passenger planes and on cargo-only planes.

Enact additional border security legislation to curb illegal immigration.

Strengthen the Securing the Cities Initiative to protect more Americans from radiological and nuclear devices.

Bolster national cybersecurity by fortifying the defenses of federal networks and promoting partnerships with the private sector to protect against cyberattack.

Pass a comprehensive Department of Homeland Security authorization bill to provide DHS with necessary guidance, tools, and resources to help protect our homeland from terrorist attack.

Considering that the one of the pillars of the new GOP majority’s agenda is extending the Bush tax cuts (explicitly stated by presumed Speaker Boehner.)  The chances of this bill seeing the light of day are miniscule.  Even if this bill made it to the House floor, (no chance) it still wouldn’t pass because because it’s a blatant cash-grab, and the American people are sick of cash-grabs.  When the Cato Institute’s Jim Harper had it right when he said, “It’s a level of bureaucracy that actually adds nothing at all.”Fining a company 100k a day won’t make anybody any safer.  This is like stealing Bill Gates milk money, so I doubt congressman King is interested.image

And another thing…

While it is true that Congresswoman Clarke is currently the Chair of the United States House Homeland Security Subcommittee on Emerging Threats, Cybersecurity, Science and Technology, she’s only been serving in Congress since 2007, so  it’s a safe bet that she will get the boot, too.   She simply doesn’t have a lot of “pull”.  Her legislative record is far less than impressive, as Her name usually ends up attached to  meaningless feel-good bills such as:

H.CON.RES.62 : Supporting the goals and ideals of “National Black HIV/AIDS Awareness Day”.

H.CON.RES.98 : Recognizing the disparate impact of climate change on women and the efforts of women globally to address climate change.

H.CON.RES.275 : Expressing support for designation of the week beginning on the second Sunday of September as Arts in Education Week.

As you can see, Congresswoman Clarke primarily specializes in race, gender, and other symbolic pabulum. The truth is that she’s about as relevant in congress as I am in a marathon.

Lastly, this just isn’t important enough to rate time during the lame duck session.  Congress has other things on its mind, from the aforementioned tax polices,and defense appropriations (which includes a repeal DADT provision.)  Not to mention that Pelosi wants to take up some kind of “child nutrition” bill.  I can pretty much guarantee you that this ridiculous bill is the farthest thing from anybody’s mind. It’s nothing more than a sensationalistic headline.  Just breathe deeply, and let it go.


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