Statute

Earlier this month, Senators Rockefeller, Snowe, and Nelson introduced S.773, the "Cybersecurity Act of 2009." The bill is primarily designed to address cybersecurity in the federal government, but various provisions could impact you or your business, particularly if you are designated as a "critical infrastructure information system or network," provide cybersecurity to the federal government, are a small- or medium-sized business, or are an institution of higher learning. The bill would (1) create new government agencies, work forces, and tasks; (2) create new priorities for existing federal agencies; and (3) implement new Presidential powers to address cybersecurity on a national scale.

On September 25, 2007, the full Senate Judiciary Committee convened a hearing, "Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?"  Perkins Coie partner Michael Sussmann provided written testimony on the perspectives of communications providers on the Protect America Act of 2007.

On August 5, 2007, President Bush signed the "Protect America Act of 2007." The Act amends the Foreign Intelligence Surveillance Act of 1978 such that surveillance directed at a person reasonably believed to be located outside the United States no longer requires a government application to, and order issuing from, the FISA Court. Under the Act, communications can be monitored (i.e., intercepted) in real time or reviewed after receipt and storage, for example, in the case of email. The Act provides procedures for the government to issue directives to providers to provide data or assistance, for the government to seek an order to compel provider compliance from the FISA Court, and for the recipient of a directive to seek relief from the FISA Court from an unlawful or overly burdensome directive. Under the Act, providers receive cost reimbursement and full immunity from civil suits for compliance with any directive.

Priceline, Travelocity and Cingular Wireless each contracted with DirectRevenue LLC to deliver ads to consumers. To service its clients (including Priceline, Travelocity and Cingular Wireless), DR installed adware on millions of computers. The adware, which was undisclosed to users and difficult to remove, monitored the websites visited by the users and collected the information they typed into web forms. The NY AG filed a law suit alleging that DirectRevenue had violated New York consumer protection law, then pursued DirectRevenue's three major advertiser clients.