How Can Cyber Security Be Improved? Richard Clarke on Threats & Computer Infrastructure (2010)
On July 1, 2009, Senator Jay Rockefeller (D-WV) introduced the
"Cybersecurity Act of 2009 - S. 773" in the Senate; the bill, co-written
with Senators Evan Bayh (D-IN), Barbara Mikulski (D-MD), Bill Nelson
(D-FL), and Olympia Snowe (R-ME), was referred to the Committee on
Commerce, Science, and Transportation, which approved a revised version
of the same bill (the "Cybersecurity Act of 2010") on March 24, 2010.
The bill seeks to increase collaboration between the public and the
private sector on cybersecurity issues, especially those private
entities that own infrastructures that are critical to national security
interests (the bill quotes John Brennan, the Assistant to the President
for Homeland Security and Counterterrorism: "our nation’s security and
economic prosperity depend on the security, stability, and integrity of
communications and information infrastructure that are largely privately
owned and globally operated" and talks about the country's response to a
"cyber-Katrina"), increase public awareness on cybersecurity issues,
and foster and fund cybersecurity research. Some of the most
controversial parts of the bill include Paragraph 315, which grants the
President the right to "order the limitation or shutdown of Internet
traffic to and from any compromised Federal Government or United States
critical infrastructure information system or network." The Electronic
Frontier Foundation, an international non-profit digital rights advocacy
and legal organization based in the United States, characterized the
bill as promoting a "potentially dangerous approach that favors the
dramatic over the sober response."
On March 25, 2010,
Representative Yvette Clarke (D-NY) introduced the "International
Cybercrime Reporting and Cooperation Act - H.R.4962"[47] in the House of
Representatives; the bill, co-sponsored by seven other representatives
(among whom only one Republican), was referred to three House
committees.[48] The bill seeks to make sure that the administration
keeps Congress informed on information infrastructure, cybercrime, and
end-user protection worldwide. It also "directs the President to give
priority for assistance to improve legal, judicial, and enforcement
capabilities with respect to cybercrime to countries with low
information and communications technology levels of development or
utilization in their critical infrastructure, telecommunications
systems, and financial industries"[48] as well as to develop an action
plan and an annual compliance assessment for countries of "cyber
concern".[48]
On June 19, 2010, United States Senator Joe
Lieberman (I-CT) introduced a bill called "Protecting Cyberspace as a
National Asset Act of 2010 - S.3480"[49] which he co-wrote with Senator
Susan Collins (R-ME) and Senator Thomas Carper (D-DE). If signed into
law, this controversial bill, which the American media dubbed the "Kill
switch bill", would grant the President emergency powers over the
Internet. However, all three co-authors of the bill issued a statement
claiming that instead, the bill "[narrowed] existing broad Presidential
authority to take over telecommunications networks".[50]
On May
12, 2011, the White House sent Congress a proposed cybersecurity law
designed to force companies to do more to fend off cyberattacks, a
threat that has been reinforced by recent reports about vulnerabilities
in systems used in power and water utilities.[51]
Executive order 13636 Improving Critical Infrastructure Cybersecurity was signed February 12, 2013.
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