Friday, November 16, 2012

Blog Entry #19: Congress Inaction

 
            The Senate again held a vote on, and failed to approve, legislation which would provide comprehensive cyber security regulatory reform.  The bill in question is the Cyber Security Act of 2012.  In recent months, security professionals and national security officials have urged Congress to act, but Republicans and the U.S. Chamber of Commerce seem to feel the bill is inadequate and will cost too much to implement.  In light of the lack of action by Congress over the past few months, President Obama has "signed the classified Presidential Policy Directive 20, which sets new cyber defense standards for government agencies, including standards for defensive measures that might require agencies to reach outside their own networks."  The official White House stance is that if Congress is not willing to act, they will.  It is unclear how much of this is political posturing, even after the election, but what is clear is the need for cyber security improvements for the government and private sector.  The White House has also prepared a draft executive order, concerning cyber security.  This order would "direct the NIST to set cyber security standards for eighteen critical infrastructure industries. The Department of Homeland Security would encourage adoption of these standards, and agencies responsible for regulating critical infrastructure industries would be responsible for proposing potentially mandatory cyber security regulations for those industries." 
            This executive order might be a bandage for the time being, but it is not comprehensive and will not offer good long term protection where it is needed most.  As Harry Reid points out, there is no liability protection for companies should they be hit by a cyber attack.  After reading about the U.S.-China Economic and Security Review Commission report it is clear now more than ever this country is at risk of being hurt by a cyber attack.  The report called China "the most threatening actor in cyberspace".  Hopefully, this will not be another case of reactive government.  They need to take a proactive approach in order to prevent what some would call a cyber Pearl Harbor.

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