Companies Granted Immunity Over Giving Users’ Private Information To NSA

The specifics of the Internet surveillance provision added to the spending bill expose the depths to which big government and big business have become intertwined. Per the measure, companies are now free to share users’ private information with the NSA, FBI, DHS and other assorted government agencies with virtually no possibility of repercussions.

“Companies can now share your private information with the government, preempting all other privacy laws. 

The bill allows companies to share ‘cyber threat indicators’ with DHS, the FBI, and other federal agencies.  ‘Cyber threat indicators’ are broadly defined and could include private information, such as your IP address (indicating location), email attachments,  other personal identifying information, even your private communications.  By default, there is no requirement that companies strip all personally identifying information before sharing this information with the government.  Though there are several laws on the books that prevent companies from sharing certain types of private information, these laws are explicitly preempted by the provisions.

Companies will face no liability for sharing your personal information with DHS — even if there are negative consequences.

Companies face no liability — even when bad things happen — for information that is shared with DHS or potentially other agencies designated by the president (which could include the FBI).  So, consumers have little opportunity for redress in cases where their private information is shared without consent or even notice.

Given that the liability provisions amount to a virtual blank check for companies that decide to share private consumer information with the government, it is no surprise that the some business  groups, such as the U.S. Chamber of Commerce, strongly supported the cyber-surveillance provisions.”

Source: ACLU