More On Cybersecurity Legislation

Feb 6th, 2012 Legislation

On Feb. 6th, 2012, the Washington Post reported on comprehensive cybersecurity legislation.  According to the article, we're starting to get a rough picture of what the Senate's version of cybersecurity legislation will look like:

  • DHS would have cybersecurity responsibility within the US.
  • DHS would have the power to decide which companies to regulate  
  • "DHS would have the power to require better computer security" for those companies
  • DHS would not regulate industries already under the protection of another agency 
  • There is NO internet kill switch provision

The article noted that DHS "would move gradually, taking on higher priority industries first." 

You can find the Washington Post source article here.


Paul Rosenzweig put out another Lawfare blog post explaining cybersecurity legislation.  This blog post highlighted cybersecurity legislation in the House.  Again, the principle two bills sitting in the House are the Precise Act and CISPA.

Rosenzweig explained that the two bills differ with regard to who is in charge, private sector information sharing, and what information can be shared.

The Precise Act puts DHS in charge, creates a cyber threat information clearinghouse to facilitate information sharing, and authorizes that clearing house to "share only information necessary to describe a method of defeating technical controls on a system or network that corresponds to a cyber threat.'"

CISPA puts the Director of National Intelligence (and possibly the NSA) in charge, "authorizes private-to-private sharing among a defined class of cybersecurity providers", and allows for sharing of information that would protect a cyber system against "efforts to degrade, disrupt, or destroy" that system.

The post noted that both House bills are far less regulatory than any of the Senate alternatives.

You can find Mr. Rosenzweig's Lawfare blog post here.

You can also find an earlier Lawfare blog post (by Mr. Rosenzweig) on the Senate's cybersecurity proposals here.


Rep. Dan Lungren, co-sponsor of the Precise Act, wrote a blog post for The Hill explaining the Precise Act. 

His big point: the federal government shouldn't look to provide or manage cybersecurity for US networks.  Rather, the federal government should facilitate cybersecurity through information sharing.  The Precise Act does just that.  


Time suggests that the gulf between the Senate and House versions of cybersecurity legislation means that we might not see cybersecurity legislation pass this year.  

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Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Ryan D. White

Ryan D. WhiteRyan is currently a third year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic. Full biography

Shelby E. Mann

Ryan D. WhiteShelby is a second year law student at the Syracuse University College of Law. She is the 2018-9 Editor in Chief of the Syracuse Law Review, as well as a member of the Journal on Terrorism and Security Analysis, and the senior editor for the Syrian Accountability Project. During her final year at the University of Missouri, she served as a full-time news producer for ABC 17 News. Shelby spent her first summer of law school at the Shelby County District Attorney General's Office in Memphis, Tenn., in the Public Corruption and Economic Crimes Unit. Full biography

Christopher w. FolkChristopher W. Folk

is a 2017 graduate of SU College of Law. A non-traditional student, Christopher returned to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering. Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Anna Maria Castillo

Anna Maria Castillois 2016 graduate of Syracuse College of Law. She also holds a Master of Arts in International Relations from Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She served as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a 2015 graduate of Syracuse College of Law and is a prosecutor. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She was a member of the Syracuse National Trial Team and was awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She wrote for this blog when a student. She is now a member of the U.S. Army Judge Advocate General's Corps.

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography


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