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Congressman Tom McClintock

Representing the 4th District of California

Constitutional Security First

April 17, 2013

Constitutional Security First

April 17, 2013
Madam Speaker: 
The House has been considering HR 624, the so-called CISPA bill.  Although its sponsors assure us that a person’s Internet data would be stripped of personal identification, the bill allows this data then to be used to prosecute certain federal crimes.  How could that be?  It turns out, the government, having stumbled upon this evidence, can then seek a warrant to obtain the personally identifying information. 
This makes it the functional equivalent of the “writs of assistance” used by the English Crown in colonial times.  It is antithetical to the Fourth Amendment which requires that before the government can invade your privacy, it must first present a court with reasonable cause to believe you have committed a crime. 
This bill effectively allows the government to search through your personal records indiscriminately and then use that information to form the basis of a prosecution.  
Cyber security is an important national security issue.  But it does not trump the Bill of Rights or the American freedoms our Constitution protects. 

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Congressman McClintock delivered the attached remarks on the House floor about H.R. 624 (Cyber Intelligence Sharing and Protection Act).   The bill is scheduled to be voted on by the full House on April 18th, 2013.