Supporters of new cybersecurity regulations for critical infrastructure providers received a boost last week when National Security Agency director and U.S. Cyber Command Commander Gen. Keith B. Alexander told the Senate Armed Services Committee that he supports the plan offered by the White House and Senate leadership. The bill (S 2105) would place the Department of Homeland Security in charge of devising security requirements and implementing them for the sectors deemed most crucial to national security. Alexander's endorsement of new regulations came as a blow to Sen. John McCain, R-Ariz., and some of his GOP colleagues, who have sponsored an alternative bill (S 2151) that omits new regulations and places more authority with NSA.
McCain in particular has persistently questioned whether DHS is capable of overseeing cybersecurity for the federal government and private sector. In a letter (PDF) to Alexander sent following last week's hearing, McCain expresses disappointment that Alexander's testimony "appears to have been more heavily influenced by White House policy, rather than your best military and technical advise and expertise." He cites a Washington Post story from last month, which suggests the White House warned Alexander that making statements that contradict official administration policy would undermine the commander-in-chief. McCain asks Alexander to explain again why DHS is better suited to protecting critical infrastructure than the military or intelligence community, and to outline what additional authorities he believes are necessary to defend against foreign cyberattacks. He also asks Alexander to explain how additional regulations would help prevent a catastrophic cyber attack.
EU Taking the Lead on Privacy Regs: Congress' lack of action on consumer privacy legislation means the European Union may be setting the international rules of the road, according to a report by Ambreen Ali in CQ Weekly. Momentum for privacy legislation has been building Stateside in recent weeks, in part due to the pressure of having to offer a counterpoint to EU rules that will likely be more stringent than any Congress passes. American Web companies are raising alarms about the EU proposals, which could undermine their businesses.While Congress remains split over the prospect of privacy regulations, the European Commission has moved to offer new privacy rules that would require companies to disclose what information they collect from users and give consumers more control over their data. The EU may also require firms to seek permission before tracking users, a step farther than most American proposals. The White House proposal released last month called for both new baseline privacy laws as well as a voluntary code of conduct for industry, which would be enforceable by the Federal Trade Commission. There is also support in the Senate for a consumer privacy bill of rights. But the chances of any legislation passing the House remain murky, with GOP point person Rep. Mary Bono Mack of California warning about the prospect of bad legislation hurting the economy.
Duncan Pushes Tech in Schools: CQ Weekly's Lauren Smith reports Secretary of Education Arne Duncan is putting the full-court press on tech execs, urging them to develop products for elementary and secondary education. Duncan's main selling point is the $650 billion the country spends annually on its public schools, but his goal is to improve the competitiveness of American schools and level the playing field for low-income and minority students. Last week Duncan and Federal Communications Commission chairman hosted a discussion with education technology executives to discuss the development of interactive digital textbooks in the next five years. The idea is to replace textbooks with tablet computers like the iPad; the U.S. currently spends about $7 billion a year on textbooks, which are often out of date. The transition to digital learning tools could save over $200 a year per student. Study Raises Questions About Universal Broadband: Shawn Zeller reports in CQ Weekly that a new study from the tech trade group TechNet shows the adoption rate for broadband Internet access remains stuck where it was three years ago, despite the administration allocating billions of dollars to expand availability. The 2009 Recovery Act included over $7 billion to expand broadband into rural areas, while the FCC voted last year to transition a portion of the Universal Service Fund from subsidizing land-line phone access to supporting broadband deployment. The administration has consistently pointed its investments in broadband deployment as evidence of its concern about the growing digital divide.But most evidence has shown the primary reason households don't subscribe to broadband access is cost, not the lack of availability. Minority and lower-income consumers are particularly likely to rely on a smartphone or wireless device as their primary connection to the Internet. That has prompted many to question whether investing in wired broadband access is an effective use of taxpayer funds, when expanding next-generation wireless broadband deployment could be a more sustainable approach for the future. Still, the administration is unlikely to pivot on its plans any time soon, especially after taking decades to hash out reforms to the Universal Service Fund, the lifeblood of small rural telecom providers. Alternate proposals, such as subsidizing public WiFi connections in urban areas, have yet to gain traction, and the slow pace of telecom policy means the conversation is unlikely to change despite no evidence of improvement in adoption rates.
Lobbying For Big Bucks: CQ Week's Kristin Coyner has a quick piece on former SpaceX top lobbyist Lawrence Williams, who is setting up his own company to help companies snare 10-figure government contracts. Williams started in Washington as an aide on the House Science Committee and has worked for the National Telecommunications and Information Administration in the Commerce Department as well. FAA Working on Rules for UAVs: CQ Homeland Security's Jennifer Scholtes reports the Brookings Institution will hold a panel discussion on Wednesday on the privacy, safety, and security implications of the increased domestic use of unmanned aerial vehicles (UAVs). The most recent authorization law passed for the Federal Aviation Administration last month (PL 112-95) requires the agency to issue new guidance on UAVs by November, to facilitate their increasing use by private companies and non-military agencies. Among the concerns likely to be discussed are the privacy implications raised by surveillance drones, as well as limitations on how law enforcement can use evidence spotted by the devices. Napolitano Fires Back on Cybersecurity: CQ Homeland Security's Rob Margetta reports Secretary of Homeland Security Janet Napolitano accused two GOP lawmakers of distorting her words on cybersecurity in a letter sent last week to Rep. Ron Johnson of Wisconsin and Sen. John McCain of Arizona. The pair said Napolitano incorrectly described a cybersecurity bill (S 2105) as not imposing new regulations on industry at a Senate Homeland Security hearing last week. Senate Republicans and industry have railed against the bill, characterizing it as a sweeping set of new regulations on critical infrastructure providers. But Napolitano said the GOP lawmakers were the ones mischaracterizing the administration's approach. Napolitano argued the “minimum baseline security standards” from DHS would only affect critical systems such as the power, finance, communications, water and transportation systems, and would not harm innovation. Note to readers: With Congress away for its two-week April recess, the the Morning Take will resume April 9. We will continue to deliver breaking news and developments on the blog throughout the recess.