Crossroads Blog | CYBER SECURITY LAW AND POLICY

Cyber Legislation, Cybersecurity, DHS, Federal Trade Commission, NIST

Cyber Round Up: Cyber Hygiene Bill Introduced, CyberSecurity: An Important Element of Foreign Policy, Cybersecurity Litigation: Regulation and Legislation

  • House Dem. Eshoo Introduces Cyber Hygiene Bill (The Hill): Representative Anna Eshoo (D-CA) introduced the “Promoting Good Cyber Hygiene Act” which would direct the Department of Homeland Security (DHS), the National Institute of Standards and Technology (NIST), and the Federal Trade Commission (FTC) to create voluntary guidelines for securing networks, according to the article.  The article states that the guidelines would be freely available on a public website and adoption of any or all of the guidelines would be completely voluntary.  While Eshoo acknowledges that much of the information would be very basic, it is a “scary truth” that up to 90 percent of breaches occur because of failure to adopt basic and rudimentary guidelines, such as modifying default passwords, according to the article.  The full text of the article can be found here.
  • Cybersecurity: An Important Element of Foreign Policy (The Indian Express): India’s Deputy National Security Advisor Arvind Gupta stated that the use of trade to influence regimes and to restrict the flow of cybersecurity products and technologies is a concern, especially for developing areas, according to the Indian Express.  Gupta further stated that cyber diplomacy’s growing importance is largely evidenced by the high level talks between and amongst the following nations: the U.S., China, India, France, Japan, Australia, Germany, the U.K., according to the article.  The article also indicated that Gupta looked at the current high level talks between the U.S. and China as further indications that cyberspace is gaining equal footing with land, sea, air, and space as a relevant and important domain of concern amongst nations.  The full article can be found here.
  • Cybersecurity Litigation: The Tip of the Iceberg, Part Two: Regulation and Legislation (Inside Counsel):  According to Inside Counsel, three cybersecurity bills are currently pending in Congress, the Cybersecurity Information Sharing Act (S. 754) , the Protecting Cyber Networks Act (H.R. 1560), and the National Cybersecurity Protection Advancement Act (H.R. 1731).  It is expected that some form of these bills will actually end up passing the Senate this year, the article continued.  According to the article, both critics and supporters of these bills believe that they may actually weaken cybersecurity and sacrifice consumer privacy.  Specifically, the article explained that the bills merely require that “reasonable efforts” be taken to remove personally identifiable information (PII) prior to sharing information.  Further, the bills provide broad litigation protection for companies, according to the article.  Inside Counsel reports that the effect of  “sweeping liability protections” may remove incentives for companies to safeguard consumer’s PII, and would therefore weaken overall cybersecurity.  The full text of the article can be found here.

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