In the past year, there has been an increase in the number of hack attacks on U.S. companies. In one particularly worrisome case, the attacks were targeted against Google and 33 other companies, including financial institutions and defense contractors. In light of this situation, several senators are drafting a bill that would give the president the power to declare an emergency next time there is a threat in cyberspace. Companies could be forced to take measures, or even shut down, to combat the threat.
According to Reuters, which reported to have obtained a copy of the draft bill on September 21st, the draft is the result of a merger of two cybersecurity bills. One of these is bill S.3480, titled Protecting Cyberspace as a National Asset Act of 2010, which was introduced by Senator Joseph Lieberman in June. The bill tries to establish an Office of Cyberspace Policy within the executive branch and amend the Homeland Security Act of 2002 to add a new National Center for Cybersecurity and Communications (NCCC) within the Department of Homeland Security. The bill also allows the president to declare a “national cyber emergency” to companies classified as part of the nation’s critical infrastructure network, which would then give the NCCC Director the power to enforce cybersecurity policies over the private sector.
There will surely be strong opposition from technology and telecommunications firms that might be classified as critical infrastructure. These companies will have to front the costs of implementing security measures or be shut down. Undoubtedly, some or all of these costs would be passed down to the consumer. On the other hand, as Senator Lieberman put it in a press release, “our economic security, national security and public safety are now all at risk . . . .”