The scandal surrounding former CIA Director David Petraeus and Gen. John R. Allen has unexpectedly brought attention to the issue of privacy and how much access law enforcement officials have to the online communications of U.S. citizens. FBI officials accessed Gmail accounts used by Petraeus and his biographer Paula Broadwell to communicate while conducting an affair; they also reportedly sifted through thousands of emails between Allen and Tampa socialite Jill Kelley, whose complaint to the FBI about harassing emails from Broadwell began the probe in question. Whether the Petraeus scandal will make it easier or harder for privacy advocates to push for legislation is unclear, but it certainly has raised awareness over just how easily law enforcement officials can obtain information on just about anyone, often without the need for a warrant.
Senate Judiciary Chairman Patrick Leahy, D-Vt., has attempted to force officials to obtain a warrant before looking at documents stored online, extending the same protections that currently apply to information stored in paper files. Markup of Leahy's bill is expected to resume during the lame-duck session. Opponents argue the bill might hamper law enforcement's ability to pursue criminal investigations, particularly terrorists, but the Petraeus scandal may serve to move public opinion on the issue. Early indications show a number of Americans are concerned that the popular general and spy chief stepped down over what some consider a personal issue. There has also been surprise that even the head of America's spy service could be the target of the FBI's scrutiny. If congressional probes fail to turn up much evidence of wrongdoing by either Petraeus or Allen, it could be the watershed moment that reverses the steady erosion of digital privacy protections over the past 11 years.
Senate Swings Back to Cybersecurity: The Senate is set to resume debate on controversial cybersecurity legislation after it wraps up a sportsmen's bill (S 3525) from Sen. Jon Tester, D-Mont., this afternoon. Tester's bill is expected to pass, after which the Senate may vote on a measure to reconsider the failed cloture motion on the cybersecurity bill (S 3414), which failed a similar vote before the autumn recess. The White House has threatened to implement voluntary security rules for critical infrastructure providers via executive order if Congress fails to act on cybersecurity legislation, but Republicans and industry have not balked in their opposition. Absent some major revelation, expect the cloture vote to fail if and when it takes place this week. House Passes Commercial Space Launch Insurance Bill: The House passed a bill (HR 6586) Tuesday that would extend the government liability protections from damages from commercial space launch accidents for two years. The bill passed by voice vote and would extend current indemnification provisions through the end of 2014. Companies are required to hold insurance up to $500 million per launch, while the Transportation Department covers the difference between the insurance amount and the maximum federal payout of $2.7 billion. TSA Accuses 'Backscatter' Maker of Faking Test Data: The Transportation Security Administration has accused the maker of its X-ray body scanners of falsifying field tests to make it look as if the devices' privacy filters were working properly. TSA claims Rapiscan Systems, which makes the "backscatter" machines found at many major airports, knowingly manipulated the field tests by altering the machines without notifying TSA. Congress has already taken aim at TSA over the machines, which have drawn attention for the full-body images they produce of passengers. TSA announced last month that they would be removed from the busiest airports because they extend the amount of time needed to process passengers; TSA said the devices will be moved to smaller regional airports.