Groups Wary Of Scope Of Latest Cybersecurity Bill
Business and public interest groups Thursday praised the latest congressional effort aimed at bolstering cybersecurity but voiced concern with provisions such as one that would give the federal government emergency powers.
The latest bill was introduced by Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman, I-Conn., ranking member Susan Collins, R-Maine, and Sen. Tom Carper, D-Del. It would give the government emergency authority to take information technology systems offline in dire situations when no other option is available. It also would create a national center for cybersecurity and communications within the Homeland Security Department.
"Our economic security, our national security, our public safety are all at risk as a result from new kinds of enemies with new kinds of names like cyber warriors, cyber spies, cyber terrorists and cyber criminals," Lieberman said at a news conference Thursday. "And that risk may be as serious to our homeland security as anything we face today."
TechAmerica President Phil Bond praised the senators for "grappling with one of the most serious threats of our time and for acknowledging the industry's indispensible role in the effort to strengthen cybersecurity. Good intentions aside, America's technology companies are concerned about the unintended consequences that would result from the legislation's regulatory approach."
He added in a news release that the bill could undermine private sector efforts to find innovative ways to protect their networks.
Center for Democracy and Technology President Leslie Harris praised privacy protections in the bill covering Internet communications. CDT, however, questioned the scope of the emergency powers granted to the president under the bill. ""The authors of the bill have signaled their intent to give the president no Internet 'kill switch' authority," Harris said in a statement. "We look forward to working with them to make sure the bill clearly reflects that intention."
Lieberman said the emergency powers would not involve the government taking over private networks. However, he said the president could order operators of private critical infrastructure facilities to take certain actions during an emergency when the threat of an imminent attack could cause "catastrophic consequences." Such actions might include ordering a private sector operator not to accept incoming traffic from a particular source, Lieberman said.
He said the authority is aimed at protecting private firms in cases where they may be afraid to take action because of the threat of legal liability. Lieberman added that they would be protected from liability for any actions they were ordered to take by the federal government.
The Lieberman-Collins-Carper measure is the latest in a string of bills introduced this Congress aimed at beefing up the nation's response to cyber attacks. The Senate Commerce Committee approved a cybersecurity bill in March offered by Commerce Chairman John (Jay) Rockefeller, D-W.Va., and Sen. Olympia Snowe, R-Maine.
Both Lieberman and Rockefeller pledged to work together on legislation. "The differences are not irreconcilable," Lieberman said of his legislation and Rockefeller's bill.
The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the bill on Tuesday and Lieberman said he aims to markup the legislation the following week. He added that Majority Leader Harry Reid, D-Nev., has indicated he wants to move cybersecurity legislation this year.
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