With Congress on recess, we finally have time to catch our breath and examine what prevented cybersecurity legislation (S 3414) from passing the Senate last week. We've previously discussed how industry and chamber Republicans teamed up to water down the bill before ultimately blocking a cloture vote on Aug. 2. That seemingly dealt the legislation a death blow, at least for this session of Congress. But some stakeholders are holding out optimism that a deal can be reached. Their belief is that the September recess will offer lawmakers an opportunity to work out a compromise on the bill's language and amendments that will make it palatable to those currently opposed.
We remain skeptical about the possibility of a deal because of the limited time frame and the significant distance that remains between the two chambers on cybersecurity legislation. Regarding cybersecurity, the Obama administration has struck a combative tone with industry from the start, unlike its approach with some of its other major regulatory proposals. In doing so, the White House has relied on the views of cybersecurity experts and the security industry, which have consistently argued that critical infrastructure providers are not doing enough to protect the nation's most crucial computer networks. But the experts are also divided on the ability of legislation to operationally improve security. Some measures, like public-private information-sharing provisions, have wide support. Security standards, however, are more problematic. Even experts in favor of the bill admit its loopholes were large enough that they wouldn't make much difference in many instances. If that is the case, it's not hard to understand why supporters have had so much trouble generating enthusiasm for their bill.
Still, it's difficult to see Congress leaving cybersecurity alone for long, if only because the threat of a major cyberattack remains very real. Many observers have predicted that only a major attack on U.S. networks will compel lawmakers to act, and that lawmakers may go overboard after such an event. We certainly hope that isn't the case, but the analysis could be spot-on. As long as cybersecurity legislation puts any onus on industry to secure their systems, critical infrastructure providers will likely oppose it -- not only because of the costs of securing their systems but also because of the potential fallout if they are still targeted by a major cyberattack. Issues of liability and public perception are very much at play and, in the view of industry, haven't been adequately addressed by the Senate package. Meanwhile, privacy advocates will continue to portray any intervention by the government into networks as a threat to free speech. Having turned cybersecurity into a minefield, stakeholders may have to wait for someone to lob a grenade and clear the path before daring to tread on such treacherous ground again.
Child Porn Bill Would Boost Penalties: The House passed a bill (HR 6063) on Aug. 1 that would renew a task force that helps state and local law enforcement agencies combat the sexual exploitation of children online. The bill includes provisions that would impose a five-year prison term for those who harass or intimidate minor victims or witnesses to prevent them from testifying. Child pornography has become easier to produce with the proliferation of smartphones and digital cameras, raising concerns about potential exploitation. But some Democrats fear the bill would give the U.S. Marshals Service too much power. Senate Extends Investor Visa Program: The Senate voted Thursday to pass a bill (S 3245) that would renew for three years a visa program that grants green cards to foreign investors. The bipartisan bill was advanced by unanimous consent and would also extend the E-Verify workforce verification system by three years. E-Verify is used by employers to determine whether a new hire is eligible to work in the U.S. by running their data through Social Security databases. It is currently mandatory for federal contractors and in many states, with Republicans attempting to expand the mandate nationwide. The EB-5 investor visa program grants legal permanent residency to foreigners who invest half a million dollars and create at least 10 jobs in the United States. Curiosity Rover Lands on Mars: Scientists at NASA were jubilant over the weekend, as the Curiosity Rover successfully landed on Mars. The rover, which is the size of a small car, will spend two years examining the Red Planet, looking for evidence that Mars could have once harbored life. Federal officials pointed to the event as evidence of America's continuing leadership in space exploration.