Crossroads Blog | CYBER SECURITY LAW AND POLICY

Criticism, Legislation

A Cyber Risk To The U.S.: WashPo

On Feb. 12th, 2012, the Editorial Board of the Washington Post wrote an op-ed concerning cybersecurity legislation.  The op-ed opened by pointing to FBI Director Mueller's recent comments that the dangers of cyberattacks "will equal or surpass the danger of terrorism 'in the foreseeable future.'"  With that statement as a backdrop, the op-ed goes on to assess the state of US cybersecurity.  US CyberCommand exists, but it doesn't have the legal ability to protect the domestic civilian economy or critical infrastructure.  Moreover, the computer networks of both the domestic civilian economy and critical infrastructure are still vulnerable to hackers. 

In light of these circumstances, it seems that the situation is ripe for a legislative response.  Indeed, both the Obama administration and Congress have put forward numerous cybersecurity proposals, and "senior legislators in both parties have committed themselves to passing legislation."  However, despite all the strong rhetoric indicating quick passage, the WashPo argues that Congress has again found itself in political gridlock over cybersecurity. 

The WashPo believes that some of the political gridlock is due to the bad feelings left over from SOPA/PIPA.  Consequently, the New York Times agrees.  Even if there are civil liberty concerns, the WashPo believes that private companies must have the ability to share threat information without encountering governments sanctions.

The WashPo seems to come out in favor of Senate legislation.  Senate legislation has a more regulatory character than Republican counter-proposals.  Even if the Senate legislation contains some costly regulations, the WashPo argues that "in the absence of government supervision, critical systems . . . remain unprotected.  To accept the status quo would be an unacceptable risk . . ."

You can find the Washington Post op-ed here.

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In a similar article, Sean Lawson wrote for Forbes on cybersecurity legislation.  Lawson argued that the focus on cyber-espionage has pushed critical infrastructure protection to the backburner.  Moreover, Lawson also believes that Congress might be getting cold feet over cybersecurity legislation due to the SOPA/PIPA fight. 

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Jessica Herrera-Flanigan wrote for Nextgov on how, despite Congressional worries, "proposed cybersecurity legislation is no SOPA/PIPA."

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