Senate Commerce Chairman Jay Rockefeller wrote to the CEOs of Fortune 500 companies on Monday, seeking input on potential cybersecurity legislation directly from the nation's business leaders. Rockefeller blamed the recent filibuster of cybersecurity legislation in the Senate on "a handful of business lobbying groups and trade associations, most notably the U.S. Chamber of Commerce," and said he doesn't understand why the Chamber and other trade groups opposed the voluntary best practices that would have been established by the Senate legislation (S 3414). As a result, he is asking the CEOs to support the push for cybersecurity legislation and asking companies for details on their own cybersecurity practices.
While Rockefeller's support for new cybersecurity laws seems genuine, his confusion at industry opposition is harder to take at face value. Companies opposed the Senate cybersecurity law because it would open the door to further regulations down the road, even if the initial provisions were purely voluntary. Furthermore, the supporters of cybersecurity legislation, including the White House, have been cagey at best about explaining some of the murky legal ground they are trying to clear up by implementing new legislation. There is a reason why military leaders have been pushing strongly for new laws in this area: Despite the administration's emphasis on the role of DHS, the Pentagon remains the primary source of cyber expertise in the federal government. Companies are already seeking the help of the military and intelligence community in deflecting and cleaning up after attacks, even though there are legal barriers that prevent the Pentagon from acquiescing.
Legislation would potentially clear up some of those roadblocks and likely give the administration a much freer hand to continue some of the advanced offensive and defensive cybersecurity programs that it currently operates as quietly as possible. But the legislation would also likely create some sort of liability for companies that don't act to safeguard their systems and impose one of the larger new regulatory regimes in recent memory. The costs for industry would be undeniable, while the benefits would be distributed unevenly, depending on whether a sector is currently a top target for foreign hackers. While Rockefeller's attempt at building political support for cybersecurity legislation in the business community is admirable, few companies are likely to say outright that they oppose the new laws. They will likely provide their input gladly but remain opposed to legislation via their Washington lobbying counterparts. After all, the administration is essentially negotiating against itself on cybersecurity, with little to no political capital backing the push for regulation. Until that equation changes, any law will have to explicitly cater to industry as the House information-sharing bill (HR 3523) did if it hopes to win their support.
Report Says TV Ratings Are Inadequate: A new study from the Parents Television Council (PTC) found that children watching broadcast TV shows rated TV-PG were exposed to violence, cursing, sexual depictions and other explicit content more than 10 times per hour. The findings of the study, which will be formally released on Wednesday, prompted Sen. Rockefeller to declare that the TV industry's voluntary ratings systems "are clearly inadequate and ineffective." The PTC frequently prods Congress to take more action to police profanity, violence and especially sexual content on broadcast and cable television shows, and it has run campaigns urging sponsors to boycott programs that they find particularly objectionable. Congress is also currently embroiled in the early stages of discussing how best to protect children from predators and objectionable content online. But any action from Congress or the FCC to alter the ratings system seems unlikely in the near future. GOP, Dems Unveil Dueling STEM Visa Proposals: House Republicans and Senate Democrats are pushing competing bills this week that would grant visas to foreign graduate students who earn degrees at U.S. universities in STEM (science, technology, engineering, mathematics) fields. The dueling proposals are evidence that private negotiations aimed at finding a compromise on this bipartisan issue have failed despite the strong support of the technology industry. The House GOP bill, led by Judiciary Chairman Lamar Smith of Texas, would abolish the diversity visa program, which awards 55,000 green cards per year via lottery, and grant those visas to foreign STEM graduates. A rival bill from Sen. Chuck Schumer would add 55,000 new green cards without ending the visa lottery program. Democrats argue that the lottery program is crucial to maintaining diversity among immigrants, while conservatives are seeking to limit the total number of new immigrants. Smith's bill also gives preference to candidates who earn a STEM Ph.D., and recipients would have to commit to work for their sponsoring employer for five years. The House is scheduled to consider Smith's bill on Thursday, while Schumer's isn't likely to reach the floor before the election. EMP Threat Not Taken Seriously: The threat of an electromagnetic pulse from a nuclear detonation or solar storm in the U.S. is real, but that hasn't made it a factor in the nation's national disaster planning. A group of lawmakers is hoping to change that after a hearing last week on the issue. Several lawmakers called on the government to take steps to prepare for the EMP threat, such as providing shielding for transformers and other power grid infrastructure.