Following the widely publicized cyber attacks against Sony Pictures, in December 2014, the Obama White House unveiled a new policy for bolstering security in cyberspace, in part, by incentivizing greater information sharing between the private sector and federal government.
White House Legislative Proposal
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Enabling Cyberspace Information Sharing
The cornerstone of Obama's 2015 cybersecurity policy will involve working with Congress to pass a law that provides incentives for private entities to share cyberthreat-related information with federal agencies. Under the proposed bill, companies responding to a cyber attack by notifying the Department of Homeland Security's National Cybersecurity and Communications Integration Center will receive targeted liability protections from certain regulatory penalties or lawsuits that typically follow public disclosure of a data breach.
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Modernizing Law Enforcement Authorities to Combat Cybercrime
A second facet of the proposed bill would broaden federal law enforcement agencies' authority to investigate and prosecute cyber crime of a financial or commercial nature. The statute would allow the government to prosecute those engaged in selling malware or botnets, criminalize the sale of stolen U.S. financial information, empower federal courts to shut down botnets involved in distributed denial of service (DDoS) attacks. It would also update the Racketeering Influenced and Corrupt Organizations Act (RICO), often used agains organized crime, to include provisions for cybercrime.
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National Data Breach Reporting
The third component of the White House's legislative proposal would require businesses that have experienced a data breach to notify all customers whose personally identifiable information may have been compromised. The statute would standardize and clarify existing data breach notification laws currently in place in 46 states and the District of Columbia.