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The staffs of Senators Joe Lieberman (I–CT, now retired) and Susan Collins (R–ME) who wrote the bill did a very good job reaching out to a wide array of actors from the public and private sectors to try to bridge the gap between the different camps.As the vote neared, the staff members tried to soften several areas that opponents found objectionable.In cybersecurity, however, such actions go against the wisdom of the majority of major technology businesses and government auditors such as the GAO, who feel that cyber regulations will foster a “culture…focusing on compliance with cybersecurity requirements, rather than a culture focused on achieving comprehensive and effective cybersecurity.”[7] It is clear that together with other concerns over innovation and costs, the dynamic nature of cyber is not amenable to the strait jacket of regulation. S faces from adversaries in the cyber realm are real and daunting.While there is disagreement over the correct role of the federal government in cybersecurity, there is little disagreement that something must be done to improve the U. Indeed there are three tiers of cyber threats to consider. Through dynamic and cost-effective solutions, Congress can make cyberspace a safer and more productive place for U. More important, they misunderstand that their own cyber insecurity has collateral effects on others—effects for which they are responsible. Government Accountability Office (GAO) has found, such an approach would be more like an anchor holding back U. entities while not providing additional security.[3] Congress should reject a regulatory approach and adopt legislation that will actually improve the nation’s cybersecurity. faces significant cybersecurity threats that jeopardize America’s critical infrastructure, the freedoms that Americans exercise online, and the economic viability of U. To mitigate these threats, this paper provides a framework for congressional action that harnesses the power of U. industry and ingenuity, while safeguarding the freedoms and privacy of individual citizens. Failure to take responsible action, however, leaves the U. Non-state actors such as Hamas and Hezbollah have also shown the capability to employ cyber methodologies and criminal organizations from around the world, and have acted as hired guns as well as on their own, using cyber tools as their weapon of choice.[1] Cyber espionage is rampant, with U. companies estimated to be losing a staggering 0 billion every year in intellectual property.[2] The latent nature of this threat leads many people to forgo investment in security because it has not yet harmed their organization or because they mistakenly believe that they have nothing a cyber adversary would want.This is exactly the wrong approach for dealing with the fast-moving and incredibly dynamic field of cybersecurity.

There are seven key components that need to be included in truly effective cyber legislation: The 112th Congress tried, and failed, to pass comprehensive cybersecurity legislation.

While they deserve commendation for their efforts, the revisions were not satisfactory: The key revision to the CSA made cybersecurity standards voluntary.

Individual regulatory agencies, however, could have promulgated regulations that would have made these voluntary standards mandatory in specific sectors.

The federal government has had at least 65 cybersecurity breaches and failures, with at least 13 of those occurring recently.[6] Given that it cannot protect its own networks, it should not be responsible for determining standards for the private sector.

President Obama’s executive order indicates that he favors a regulatory approach to cybersecurity.

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