Also, reread CISPA, particularly the amendments clarifying what was meant by "cyber threat" and what activities were exempt from disclosure under CISPA.
It appears the EFF disagrees that cyber security threats were meaningfully narrowed in the amendments -- though this does not specifically pertain to any of my previous arguments.
> Unfortunately, this amendment doesn’t address the serious problems with the vague definitions. Even after amendments, “Cybersecurity system" defines the system that “cybersecurity providers” or self-protected entities use to monitor and defend against cyber threats. This is a “system” intended to safeguard “a system or network.” The definition could mean anything—a Local Area Network, a Wide Area Network, a microchip, a website, online service, or a DVD. It might easily be stretched to be a catch-all term with no meaning. For example, it is unclear whether DRM on a DVD constitutes a “cybersecurity system.” And such a “cybersecurity system” is defined to protect a system or network from “efforts to degrade, disrupt or destroy”—language that is similarly too broad. Degrading a network could be construed to mean using a privacy-enhancing technology like Tor, or a p2p protocol, or simply downloading too many files.
The exclusion which appears directly beneath the language they're commenting on exempts "attacks" that merely violate licenses.
The language they're commenting on also reads clearly: "efforts to degrade, disrupt, or destroy a system or network of a government or private entity". "Efforts" implies intent. BitTorrent doesn't intend to degrade, disrupt, or destroy systems (though if it violates license agreements it does establish a nexus for monitoring under the ECPA!).
Beyond that, look: obviously we can all play the Glass Bead Game to connect any piece of language in any bill back to any action we want to protect. This is why patents are so impossibly annoying to read. But at some point, Occam's Razor has to apply. The language in the amendment we're discussing simply isn't tailored to BitTorrent.
US v. Harvey
US v. Goldstein
US v. Auler
US v. DeLeeuw
Also, reread CISPA, particularly the amendments clarifying what was meant by "cyber threat" and what activities were exempt from disclosure under CISPA.