One of the most important security-related pieces of legislation recently passed in Congress is the H.R. 1731: the National Cybersecurity Protection Advancement Act of 2015, also known simply as the Cybersecurity Act of 2015. The Act has widely been considered a “landmark cybersecurity information sharing legislation,” (Abascal, Archie, Crawford, et al., 2016) and “the most significant piece of federal cyber-related legislation enacted to date,” (Sullivan & Cromwell LLP, 2015, p. 1) because it is one of the first and strongest attempts to federalize cybersecurity in the broader interests of counterterrorism and national security. In fact, the Act specifies the role the Department of Homeland Security plays in coordinating information sharing efforts.
Most significantly, the Act requires that the Department of Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC) interact with non-federal and private sector organizations for comprehensive information sharing. What this generally means for individuals and businesses is that we are now better equipped to cooperate with the federal government in terms of information sharing, such as divulging any information requested by the NCCIC. The Act does not mandate that any organization share data with the government. However, the Act does make it so that individuals and companies are protected from liability when information is shared. The Act includes specific liability and information privacy protection provisions to facilitate information sharing from the private sector. Without these provisions, the private sector would fear any repercussions that came from information sharing. Therefore, the Cybersecurity Act of 2015 offers an ideal balance between privacy protections and national security needs.
Initially the Act had “raised concerns among privacy advocates,” (Zakrzwski, 2015, p. 1). The reason for these concerns is that when organizations in either the public or private sector share information with the Department of Homeland Security, there is some potential for that information to contain your personal data. By including provisions related to the role the Chief Privacy Officer and the Chief Civil Rights and Civil Liberties Officer play in reviewing and assessing how the act has been implemented and any privacy-related consequences or concerns it has raised, the Act does offer a reasonable compromise that should appeal to most Americans. Moreover, the Act protects organizations from liability with the only exception being in cases involving “willful misconduct,”...
References
Abascal, M.A., Archie, J.C., Crawford, G.E., et al. (2016). What You Need to Know About the Cybersecurity Act of 2015. Lexology. https://www.lexology.com/library/detail.aspx?g=71db9ab9-d14b-470c-8e9b-c94b29065a94
Bennett, C. & Marcos, C. (2015). Cyber threat-sharing bill heads to Senate. The Hill. http://thehill.com/blogs/floor-action/house/239856-house-sends-cybersecurity-bill-to-senate
Congressional Budget Office (2015). H.R. 1731, National Cybersecurity Protection Advancement Act of 2015. https://www.cbo.gov/publication/50116
“H.R.1731 - National Cybersecurity Protection Advancement Act of 2015.” Congress.gov. https://www.congress.gov/bill/114th-congress/house-bill/1731
Sullivan & Cromwell LLP (2015). The cybersecurity act of 2015. https://www.sullcrom.com/siteFiles/Publications/SC_Publication_The_Cybersecurity_Act_of_2015.pdf
Zakrzewski, C. (2015). House passes complementary cyber information-sharing bill. TechCrunch. https://techcrunch.com/2015/04/23/house-passes-complementary-cyber-information-sharing-bill/
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