The two sides of the Senate cybersecurity debate continued negotiations on Monday but have been unable to reach a deal to ensure the chamber passes a bill before the August recess. The stalemate means the Senate may have to wade through more than 100 amendments this week if it hopes to take action on cybersecurity legislation this year. Over 20 of those amendments come courtesy of Sen. John McCain, who has consistently opposed the cybersecurity bill (S 3414) favored by Senate leadership and the White House over the past few years. McCain's case has been bolstered by the opposition of the U.S. Chamber of Commerce, which says the voluntary security standards in the bill are actually a prelude to mandatory security baselines for critical-infrastructure providers down the road. A Chamber official correctly pointed out that the bill's main supporters have long pushed for security requirements, raising concern they would still try to implement them down the road.
Unsurprisingly, several companies that sell cybersecurity products or services have endorsed the legislation, which would likely provide a significant boost to demand for their services. Symantec was the latest to come out in support of the bill on Monday, while the Business Software Alliance released a letter that was mostly supportive but urged some modifications. They join Microsoft, Oracle, Cisco and other companies that have publicly backed the legislation. But there are also a number of tech stakeholders lined up against the bill, including IBM and TechAmerica. Debate will resume this morning shortly after the Senate reconvenes at 10 a.m. If a deal isn't struck within the next few days, the sheer number of amendments may bog down the debate and prevent a vote before the recess. We'll be tracking closely; stay tuned for updates.
Data Privacy Hearing Today: The Senate Homeland Security Subcommittee on Oversight will hold a hearing this morning on the state of federal privacy and data security, which will examine whether current laws are adequately protecting Americans' personal information. Lawmakers from both parties have spoken in support of updating the laws that apply to how companies and institutions must treat personal data collected from consumers, particularly in the event security is breached by an outside attack. However, progress on a data breach bill has been bogged down by the details, such as what constitutes timely notification to consumers that their data has been compromised. In addition, chairman Tom Carper, D-Del., and his colleague Roy Blunt, R-Mo., have filed an amendment to the Senate cybersecurity bill that would aim to cut down on identity theft and fraud by increasing data protections. Congress Likely to Extend FTC Authority Abroad: Committees in both chambers of Congress are expected to advance legislation that would extend the Federal Trade Commission's authority to prosecute international fraud, including spam and spyware. The Senate Commerce Committee has a markup scheduled today of its version of the bill (S 3410), while the House Energy and Commerce Committee will mark up the companion legislation (HR 6131) on Wednesday. The bill would allow the FTC to continue coordinating and prosecuting foreign scams that target U.S. consumers, in cooperation with other government agencies abroad. The 2006 law (PL 109-455) that authorized such investigations is set to expire next year; the bills under review would extend that authority to 2020. The FTC has become the government's lead agency when it comes to handling issues of fraud against consumers, especially concerning communications and technology issues. Bill Would Ban Online Ammunition Sales: Democrats Sen. Frank Lautenberg of New Jersey and Rep. Carolyn McCarthy of New York will introduce a bill this week that would effectively ban mail-order and online sales of ammunition. The legislation, which comes in the wake of the July 20 shooting of 70 people in a Colorado movie theater, would require those buying ammunition to provide photo ID at the time of purchase. It would also stipulate that only licensed dealers can sell ammunition and that they must keep records of all sales. Dealers would have to report to authorities on the sale of more than 1,000 rounds to the same person within five consecutive days, unless that person is also a dealer. Momentum for gun control advocates has increased since the shootings, but congressional leaders and President Obama haven't voiced support for specific policy changes. Lautenberg has also filed an amendment to the Senate cybersecurity bill that would restrict high-capacity ammunition devices. The amendment has Democratic support but may not be debated because it isn't germane.