Cyber Security Act 2009 (Part 1)… Huh?
Last weekend I was reading about a bill introduced April 1st in the US Senate co-sponsored by Sen. Jay Rockefeller (D-W.Va.) and Sen. Olympia Snowe (R-Maine). The article was aptly titled Bill Would Grant President Unprecedented Cyber-security Powers.
I wanted to get a better idea of what was in this bill, so I took the liberty of downloading it and reading it. There are some pretty startling powers being granted that could affect a large number of businesses, the Internet backbone providers, and our civil liberties. I would just like to share a few of my findings.
The first question I had was, “Who would this affect?”. The answer can be found on Page 50, starting at line 22:
FEDERAL GOVERNMENT AND UNITED STATES CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS AND NETWORKS - The term ‘Federal Government and United States critical infrastructure information systems and networks’ includes -
(A) Federal Government information systems and networks; and
(B) State, local, and nongovernment information systems and networks in the United States designated by the President as critical infrastructure information systems and networks.
In other words, the President has the freedom to choose as he sees fit. This could include, for example, public and private institutions in the sectors of agriculture, food, water, public health, emergency services, government, defense industrial base, information and telecommunications, energy, transportation, banking finance, chemicals and hazardous materials, and postal and shipping. You get the idea.
So, the next question then is, “What information would this government entity have access to?”. The answer can be found on Page 39, starting at line 24:
(b) FUNCTIONS - The Secretary of Commerce -
(1) shall have access to all relevant data concerning such networks without regard to any provision of law, regulation, rule, or policy restricting such asses;
Say what? Yup. Any and all data regardless of privacy laws or other regulations. All together now - Big Brother.
But wait, it gets better. “How will this plan get implemented?”. The Act calls for the creation of State and Regional Cyber-security Centers that would report to the Secretary of Commerce. The purpose of these Centers as outlined starting on Page 11, Line 13, is to:
enhance the cybersecurity of small and medium sized businesses in the United States through -
(1) the transfer of cybersecurity standards, processes, technology, and techniques developed at the National Institute of Standards and Technology to Centers and, through them, to small and medium-sized companies throughout the United States.
The Centers activities will include actively transfering and disseminating solutions to a wide range of companies and enterprises, provide loans on a selective basis for advanced cybersecurity measures, and other purposes that directly compete with private sector enterprises in the cybersecurity industry. I don’t think many IT companies would appreciate a GsE (Government Sponsored Entity) competing against them. It’s like Fannie Mae and Freddie Mac all over again.
Don’t get me wrong. I am fully aware that something needs to be done about the woeful security inadequacies in our nations federal computing networks. I’m just not sure this is the proper approach. There are more details that I will share in my next blog that I think you will find interesting as well. This will include my thoughts on who the White House “Official” is as referenced in the WSJ article Electricity Grid in U.S. Penetrated by Spies.