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Information Sharing for the Information Age

BY David Burg, Sean Joyce
April 01, 2016

As 2015 drew to a close, Congress agreed on a federal budget for the fiscal year ending Sept. 30, 2016. That simple act, coming on the heels of a series of contentious continuing resolutions, was big news. But tucked away on page 694 of that 887-page bill was perhaps a more significant achievement. There Congress inserted, passed, and the President signed, the Cybersecurity Act of 2015 (the Act), H.R. 2029.

The Act is the culmination of years of efforts by members of both parties in both houses of Congress to provide a framework for the sharing of cyber threat information between private industry and the government. Industry counsel long pushed Congress for a means to share information without exposing their organizations to legal liability. That effort, however, was not without controversy. Privacy advocates and some in the technology industry viewed the effort as undermining protection of personal information (see, Sam Thielman, “Apple, Google and Twitter Among 22 Tech Companies Opposing CISA Bill,” The Guardian, Oct. 21, 2015) and, as one opponent said, “a disingenuous attempt to quietly expand the U.S. government's surveillance programs.” Statement of Fight for the Future campaign director Evan Greer.

Opponents were also concerned that, on the tails of the high-profile breaches at the Office of Personnel Management (OPM), shared information would be at greater risk of loss through the poor security standards of the agencies with which the information was shared. See, Larry Greenemeier, “A Quick Guide to the Senate's Newly Passed Cybersecurity Bill,” Scientific American.

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