A season for cyber

[Audrey McNeil <audrey () riskbasedsecurity com>]

http://fcw.com/articles/2015/08/12/cyber-bill-round-up.aspx

The Senate plans to debate a major cybersecurity bill when it returns from
its August recess, after failing to move the legislation before leaving
town.

And a host of other cyber legislation is at varying stages of the
legislative process, which could keep the topic on the agenda in both
chambers for much of the rest of the year.

The Cybersecurity Information Sharing Act, approved 14-1 by the Senate
Select Committee on Intelligence, is not a shoo-in to pass, although there
appears to be widespread support for its basic goals. Senate leaders have
agreed to allow 21 amendments to come to the floor, 11 from Democrats and
10 from Republicans. It isn't clear yet which of the more than 90
amendments offered by Senators will get a hearing.

CISA would provide a basic legal framework for companies to share
information on cybersecurity threats with each other and with government.
Under the bill, the Department of Homeland Security would stand up an
automated system to share alerts, threats, and defensive measures in real
time. The bill also would give the Office of the Director National
Intelligence a role in clearing classified threat indicators for sharing.

The White House has urged the bill's passage, more as a way to start the
conference process than to indicate support for CISA as it stands. If
passed, CISA would have to be merged with two House-passed measures that
loosely track with the Senate legislation.

The National Cybersecurity Protection Advancement (NCPA) Act would make the
Cybersecurity and Communications Integration Center at DHS the hub of
information sharing, but doesn't have the "real time" alert function
contained in the language of the Senate bill. The Senate language is a
potential sticking point for privacy advocates, who argue that the
real-time requirement will mean rushing threat information that includes
irrelevant personally identifiable information into the system.

The Protecting Cyber Networks Act handles the intelligence side of cyber.
It would authorize within the ODNI the Cyber Threat Intelligence
Integration Center, which was established by the administration. The CTIIC
is charged with integrating and analyzing cyber threat information acquired
by intelligence agencies, and sharing information with state and local
governments. The bill also would give private companies the right to
conduct defensive cyber operations on their networks, while restricting
measures that are destructive to outside systems.

Both measures passed overwhelmingly in the House.

Rep. Michael McCaul (R-Texas), the architect of NCPA and chairman of the
House Homeland Security Committee, said his chamber has hit the mark where
privacy and civil liberties are concerned.

"I encourage our colleagues in the Senate to take action and look forward
to working together in conference to preserve and strengthen the current
roles and responsibilities of civilian and intelligence agencies and
reinforce efforts to ensure robust privacy protections," McCaul said in a
statement released as the Senate was looking to pass CISA before leaving
town for its August recess.

Protecting Dot-Gov

Rep. Will Hurd (R-Texas), a freshman lawmaker with private-sector
cybersecurity experience and a background in intelligence, prefers the
House approach, and also wants to do more to protect government networks.

"DHS should be the entity that’s responsible for protecting the .gov domain
and the center point for the interaction with private industry," he told
Vice News at the Def Con hacking conference. As chairman of the IT
Subcommittee of the House Oversight and Government Reform Committee, Hurd
has had a front row seat in responding to the recent hacks of government
personnel data.

To respond, Hurd introduced the Einstein Act in late July. That bill would
require DHS to offer protection capabilities for federal networks. It would
formally authorize the Einstein network protection system currently
deployed by DHS across federal agencies. The measure has been approved in
committee and is awaiting action by the full House.

The Senate has its own Einstein bill. The Federal Cybersecurity Enhancement
Act was reported out of the Senate Homeland Security and Governmental
Affairs Committee on July 29. It would authorize DHS to run intrusion
detection on any network in the .gov domain, and would provide new
authorities to defend networks.

Appropriations

By some measures, the real action on cybersecurity will take place in the
appropriations process.

The White House just released a fact sheet summarizing some of their key
budget requests for cyber spending. They're looking for $9.5 billion at the
Department of Defense for cyber operations, cyber forces, and network
protection; $1.4 billion at DHS, including $480 million to expand Einstein
coverage; $514 million for cyber investigations at the Department of
Justice; $242 million for upgrades at the IRS; $262 million for the
Department of Health and Human Services; $180 million for the Department of
Veterans Affairs; and $187 million for the Department of Commerce.

Overall, the administration wants $14 billion across government for
cybersecurity -- an 11 percent increase. However, the Republican-controlled
Congress and the administration are unlikely to reach agreement on an
appropriations package. Indeed, because of the cramped fall schedule, the
possibility of a shutdown or at least a series of short-term continuing
resolutions is increasingly likely.

CISA Amendments

There is momentum to pass a cyber bill in the wake of the Office of
Personnel Management hacks.

As a result, CISA looks to senators like a good vehicle for tech
legislation that has been hanging fire in Congress. While leaders have
promised that amendments must relate to cybersecurity (ruling out Sen. Rand
Paul's audit-the-fed and guns-on-military bases proposals), that still
covers a lot of ground.

Possible amendments include:

*An update to the Electronic Communications Privacy Act, designed to
eliminate the differentiated legal status of emails stored on a computer,
and those stored remotely in a cloud or online email server.

*An additional $37 million for OPM to beef up information security.

*Creating a new category of federal employment for cybersecurity
professionals.

*A ban on federal mandates that device and software makers alter their
encryption service or other security functions to give law enforcement
access to communications.

*Authorization of search warrants on data stored by U.S. persons on remote
servers outside the United States.

*Cybersecurity standards for motor vehicles with networked software systems

Additionally, there are a number of amendments to alter the core working of
CISA itself, many with an eye to making it more palatable to civil
libertarians and more in harmony with the House bills.

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