OBAMA ADMINISTRATION PROPOSALS FOR CYBERSECURITY LEGISLATION

OBAMA ADMINISTRATION PROPOSALS FOR CYBERSECURITY LEGISLATION

CONTENTS

PREFACE

Chapter 1 THE OBAMA ADMINISTRATION’S CYBERSECURITY PROPOSAL: CRIMINAL PROVISIONS

SUMMARY

BACKGROUND

PROTECTING CRITICAL INFRASTRUCTURE COMPUTERS

Clarifying and Enhancing Penalties under the Computer Fraud and Abuse Act

ADDITION OF COMPUTER CRIME TO RICO

COMPARISON TO PENDING LEGISLATION

Personal Data Privacy and Security Act of 2011

The Fighting Fraud to Protect Taxpayers Act of 2011

End Notes

Chapter 2 LETTER FOR PROPOSED CYBERSECURITY LEGISLATION

Chapter 3 LEGISLATIVE LANGUAGE:LAW ENFORCEMENT PROVISIONS RELATED TO COMPUTER SECURITY

PART 1. SPECIFIC CRIMINALIZATION OF DAMAGING CRITICAL INFRASTRUCTURE COMPUTERS

PART 2. CLARIFYING THE SCOPE AND PENALTIES FOR OFFENSES UNDER THE COMPUTER FRAUD AND ABUSE ACT

LEGISLATIVE LANGUAGE

Data Breach Notification

Legislative Language

Cybersecurity Regulatory Framework for Covered Critical Infrastructure Act

Personnel Authorities Related to Cybersecuirty Positions

PREVENTING RESTRICTIONSON DATA CENTER LOCATIONS

Chapter 4 SECTION BY SECTION ANALYSIS: LAW ENFORCEMENT PROVISIONS RELATED TO COMPUTER SECURITY

DATA BREACH NOTIFICATION

DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY AUTHORITY AND INFORMATION SHARING

Sec. 1. Department of Homeland Security Cybersecurity Authority

CYBERSECURITY REGULATORY FRAMEWORK FOR COVERED CRITICAL INFRASTRUCTURE ACT

Sec. 1. Short Title

Sec. 2. Purposes

Sec. 3. Designation of Covered Critical Infrastructure

Sec. 4. Risk Mitigation for Covered Critical Infrastructure

Sec. 5. Cybersecurity Plans

Sec. 6. Evaluations

Sec. 7. Disclosure

Sec. 8. Enforcement

Sec. 9. Rulemaking

Sec. 10. Definitions

AMENDMENTS TO THE FEDERAL INFORMATION SECURITY MANAGEMENT ACT OF 2002

Sec. 1. Coordination of Federal Information Security Policy

PERSONNEL AUTHORITIES RELATED TO CYBERSECURITY POSITIONS

PREVENTING RESTRICTIONS ON DATA CENTER LOCATIONS

CHAPTER SOURCES

INDEX