Proposed Cyber Law in the USA

The growing number of cyber threats from both at home and abroad now mean that national governments are investing heavily in anti-e-crime and security technologies. Governments are also adopting new cyber law to help prevent cyber attacks, strengthen critical infrastructure and bring those who are responsible to justice.

This E RADAR article lists around 10 out of 30 proposed cyber laws progressing through United States Congress. The Bills will have practical implications not only for US homeland security but for the United States' relationship with other countries globally. From a commercial perspective organisations which are owned by or own US companies, or do business with companies based in the US will need to be aware of these legislative changes taking place in Congress.

IT Legislation Tracker (E RADAR members)

A list of all proposed laws for the US as well as the United Kingdom and other countries is available in E RADAR's IT Legislation Tracker.


S.8 - Tough and Smart National Security Act


Summary

Senator Harry Reid, us senators, cyber crimeThe Tough and Smart National Security Act seeks to reform cyber law and security policy to prevent cyber attacks, protect privacy and civil liberties, and avert catastrophic cyber incidents. The bill aims to strengthen US national security.

Sponsor

Sen. Harry Reid (D-NV) (pictured right)

History

On January 25, 2011, the bill was introduced and referred to the Senate Committee on Foreign Relations.

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S. 21 - Cyber Security and American Cyber Competitiveness Act


Summary

The Cyber Security and American Cyber Competitiveness Act seeks to enhance the security of US government communications networks, increase public-private cooperation to ensure cyber security, promote IT investments, improve capabilities to assess cyber risk and deter attacks, prevent identity theft, promote international cooperation, prosecute cyber criminals, and protect privacy.

Sponsor

Sen. Harry Reid (NV)

History

On January 25, 2011, the bill was introduced and referred to the Senate Committee on Homeland Security and Governmental Affairs.

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S. 28 - Public Safety Spectrum and Wireless Innovation Act


Summary

us senators, jay rockerfeller, cyber law, public safety spectrum and wireless innovation act The Public Safety Spectrum and Wireless Innovation Act aims to increase spectrum access for public safety providers to support a national, interoperable wireless broadband network. It authorizes the FCC to hold incentive auctions to provide funding support for a network. The legislation also directs the establishment of a grant program to assist public safety entities in creating a nationwide public safety interoperable broadband network in the 700 MHz band.

Sponsor

Sen. Jay Rockefeller (WI) (pictured)

History

This bill was introduced on January 25, 2011 and referred to the Senate Committee on Commerce, Science, and Transportation.

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S. 372 - Cybersecurity and Internet Safety Standards Act


Summary

cyber law, ben cardin, us senators, Cybersecurity and Internet Safety Standards Act The Cybersecurity and Internet Safety Standards Act seeks to reduce the ability of terrorists, spies, criminals, and other malicious actors to compromise, disrupt, damage, and destroy computer networks, critical infrastructure, and key resources, and for other purposes.  DHS will achieve this by promoting entities in the private sector to develop and enforce voluntary or mandatory minimum cybersecurity and Internet safety standards.

Sponsor

Sen. Ben Cardin (MD) (pictured right)

History

This bill was introduced on February 16, 2011 and referred to the Senate Committee on Commerce, Science, and Transportation.

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S. 413 - Cybersecurity and Internet Freedom Act


Summary

us senators, cyber law The Cybersecurity and Internet Freedom Act amends the Homeland Security Act of 2002 and other laws to enhance the security and resilience of cyber communications infrastructure of the US. To do so, it molds a new role for CISOs, who would oversee the management of agencies’ security operations centers. This bill establishes a White House Office of Cyberspace Policy with a Senate-confirmed director who would have influence over agencies’ IT security budgets.  There is also a focus on real-time monitoring of government IT systems, and a shift away from paper compliance mandated by FISMA. It prohibits the president from employing a ‘kill switch’ to turn off the Internet in case of a severe cyber attack.

Sponsor

Sen. Joseph Lieberman (CT) (pictured right)

History

On February 17, 2011, the bill was introduced and referred to the Senate Committee on Homeland Security and Governmental Affairs.

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S. 709 – Secure Chemical Facilities Act


Summary

The Secure Chemical Facilities Act is meant to encourage the enhanced security of chemical facilities.  This bill also states that deterring cyber sabotage, including by preventing unauthorized onsite or remote access to critical process controls, is a top priority when securing chemical facilities in the United States.

Sponsor

Sen. Frank R. Lautenberg (NJ)

History

This bill was introduced on March 31, 2011 and referred to the Senate Committee on Homeland Security and Governmental Affairs.


S. 813 – Cyber Security Public Awareness Act


Summary

sheldon whitehouse, us senators, Cyber Security Public Awareness Act, cyber lawThe Cyber Security Awareness Act is intended to promote awareness of cyber security. The bill, once enacted, mandates that different government agencies provide information to Congress on what plans exist for prosecuting cyber criminals, reacting to significant private sector incidents, reporting cyber crime to shareholders, regulating critical infrastructure, protecting the information security supply chain, and trying cyber criminals in federal courts.

Sponsor

Sen. Sheldon Whitehouse (RI) (pictured right)

History

This bill was introduced on April 13, 2011, and referred to the Committee on Homeland Security and Governmental Affairs.

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S. 968 – Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP Act)


Summary

web law, partick leahy, us senators, Protect IP ActThe PROTECT IP Act intends to enhance enforcement against rogue websites operated and registered overseas, eliminate the financial incentive to steal intellectual property online, and prevent the importation of counterfeit products and infringing devices.

Sponsor

Sen. Patrick Leahy (VT)

History

This legislation was introduced on May 12, 2011 and sent to the Committee on the Judiciary on May 26 where it was substituted with another draft by Senator Leahy.  It was placed on the Senate Legislative Calendar on May 26 under General Orders. Senator Leahy filed a written report on July 22, 2011.

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S.1040 Broadband for First Responders Act of 2011


Summary

The Broadband for First Responders Act intends to enhance public safety by making more spectrum available to public safety entities, to facilitate the development of a public safety broadband network, to provide standards for the spectrum needs of public safety entities, and for other purposes.

Sponsor

Sen. Joseph Lieberman (CT)

History

This bill was introduced on May,19, 2011 and has been  referred to the Committee on Commerce, Science, and Transportation.

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S. 1151 Personal Data Privacy and Security Act of 2011


Summary

The Personal Data Privacy and Security Act calls for national standards for data breach notification.  It outlines criminal penalties for companies that do not disclose a data breach of consumer information in a timely manner.  The bill also corresponds with part of the President’s proposed legislation by calling for an update to the Computer Fraud and Abuse Act.

Sponsor

Sen. Patrick Leahy (VT)

History

This bill was introduced on June 7, 2011 and has been referred to the Senate Committee on the Judiciary.On September 22, it was placed on Senate Legislative Calendar under General Orders. Calendar No. 181.

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