Senate To Consider Compromise Cybersecurity Legislation

Originally published July 23, 2012

In what may prove to be a final attempt to secure passage of substantial cybersecurity legislation in the current session of Congress, Senators Joe Lieberman (D-CT) and Susan Collins (R-ME) introduced a revised version of their omnibus cybersecurity bill last Thursday.¹ The bill (S. 3414), which could be brought before the Senate as early as this week, includes the following main elements.

• Critical Infrastructure (Title I): Instead of authorizing the Department of Homeland Security (DHS) to establish mandatory cybersecurity performance requirements for systems in critical infrastructure sectors, the new bill would establish a National Cybersecurity Council of federal agencies chaired by DHS that, in collaboration with private sector owners and operators, would "coordinate the adoption of private-sector recommended voluntary outcome-based cybersecurity practices" with an array of public and private stakeholders. (§ 101(a)(3))