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CYBER WARS
Senators revive US cybersecurity bill, with changes
by Staff Writers
Washington (AFP) July 20, 2012


A group of US senators has revived stalled cybersecurity legislation by offering compromises to address civil liberties concerns, an effort quickly endorsed by President Barack Obama.

The new bill drew some support from Republican lawmakers amid a drive to pass legislation before the summer recess, but prospects for passage were unclear.

Lawmakers said they hope to bring the measure to the Senate floor in the upcoming week.

The bill aims to identify so-called "critical infrastructure," including electric power and utility computer networks, and provide oversight to ensure these are secure from attacks.

The revised measure removed some parts of a bill passed in April in the House of Representatives that provoked controversy.

It calls for a National Cybersecurity Council to assess vulnerabilities and would create a voluntary system of reporting attacks that could be damaging to the nation.

In announcing the compromise, Senator Jay Rockefeller called it "a critical first step in our country's response" to cybersecurity.

"We are moving forward in the spirit of compromise with an incentives-based voluntary approach because it is a crucial matter of public safety and national security that we do something now to ensure our most critical infrastructure is protected from cyber attacks," said Rockefeller, a Democrat who heads the Senate Commerce Committee.

Independent Senator Joe Lieberman acknowledged that the new bill is weaker than earlier versions, but added: "we are going to try carrots instead of sticks as we begin to improve our cyber defenses."

"If that doesn't work, a future Congress will undoubtedly come back and adopt a more coercive system," he said.

The bill creates no new regulators and provides no new authority for an agency to adopt new standards. But it would allow information-sharing among the private sector and the federal government to share threats, incidents, best practices and fixes.

It was endorsed by Republican Senator Susan Collins of Maine and Democrats Dianne Feinstein of California and Tom Carper of Delaware.

Obama, in a commentary in Friday's edition of The Wall Street Journal, backed the new bill while repeating his pledge to veto "any bill that lacks strong privacy and civil liberties protections."

"It doesn't take much to imagine the consequences of a successful cyber attack. In a future conflict, an adversary unable to match our military supremacy on the battlefield might seek to exploit our computer vulnerabilities here at home," Obama wrote.

"Taking down vital banking systems could trigger a financial crisis. The lack of clean water or functioning hospitals could spark a public health emergency. And as we've seen in past blackouts, the loss of electricity can bring businesses, cities and entire regions to a standstill."

Civil liberties and privacy groups, which rallied against the Cyber Intelligence Sharing and Protection Act passed by the House, gave a cautious welcome to the new effort.

Michelle Richardson of the American Civil Liberties Union said the new bill has "significant privacy amendments" but cautioned that there could efforts on the Senate floor to remove those protections.

"We will be carefully watching how this unfolds on the floor and will be calling on you to fight anti-privacy amendments and support ones that we expect will further limit the government's authority," she said.

Rainey Reitman and Lee Tien of the Electronic Frontier Foundation said in a blog post that "this new bill drastically improves upon the previous bill by addressing the most glaring privacy concerns," but added: "we remain unpersuaded that any of the proposed cybersecurity measures are necessary and we still have concerns about certain sections of the bill."

But James Lewis of the Center for Strategic and International Studies said that by watering down the bill, lawmakers had stripped out any real protection and left an essentially political bill.

Lewis said some politicians "want to pass legislation that has cybersecurity in the title before the election."

In order to provide real protection, Lewis said, "you would need a commission to designate specific infrastructure, with mandatory rules, so that these places would secure their networks."

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Too many cyber attacks hushed up, US panel says
Washington (AFP) July 19, 2012 - US cybersecurity efforts are hampered by attacks that go unreported by victims unwilling to divulge confidential information, a research panel said Thursday.

The report by the Bipartisan Policy Center said the number of cyberattacks appears to be on the rise, along with financial losses.

It said that from October 2011 through February 2012, over 50,000 cyber attacks on private and government networks were reported to the Department of Homeland Security, including 86 attacks on "critical infrastructure networks."

But it noted that these "represent only a small fraction of cyber attacks carried out in the United States."

The think tank's cybersecurity task force headed by former National Security Agency chief Michael Hayden and businessman Mortimer Zuckerman said more sharing of information would help bolster cybersecurity.

"Despite general agreement that we need to do it, cyber information sharing is not meeting our needs today," the report said.

It said many private firms keep the news of the attacks secret "because of fears, some justified, including harm to their reputations and potential loss of customers."

Some worry that the information could become part of the public record in a government database, and some "are concerned that they may be held liable for the threat information they share if it turns out to be inaccurate."

The report noted that current law does protect the confidentiality of certain data, but that this effort could be expanded. It said some industry groups which aggregate information on attacks have been threatened with lawsuits if they implicate certain entities in attacks.

It said some of these concerns can be addressed in cybersecurity legislation, which has been stalled in Congress.

"Some companies take the position that under current law, sharing communications with the government cannot be done without a subpoena," the report said.

"With the right privacy and civil liberties protections in place, there is no valid reason for cyber threat information not to be shared with the federal government and a subpoena requirement can often thwart information sharing to identify and stop cyber attacks underway.

"The law should be changed to explicitly permit such sharing, without a subpoena, under conditions that protect privacy and civil liberties."



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