Feb. 14 (Bloomberg) -- Companies running computer networks
essential to U.S. economic and national security would be
required to better defend their systems from spies, hackers and
terrorists under bipartisan Senate legislation unveiled today.
The bill calls for identifying vital information networks
and setting security requirements for companies and government
agencies. Lawmakers and regulators say rules are needed to fight
increasingly sophisticated cyber attacks capable of disrupting
power grids, banks and communications networks.
'We are on the brink of what could be a calamity,'
Senator Jay Rockefeller, a West Virginia Democrat, said in
announcing the bill on the Senate floor. 'A widespread cyber
attack could potentially be as devastating to this country as
the terror attacks that tore apart this country 10 years ago.'
The push for comprehensive cybersecurity legislation has
intensified following attacks last year on companies including
New York-based Citigroup Inc., the third-largest U.S. bank by
assets, and Bethesda, Maryland-based Lockheed Martin Corp., the
world's largest defense company.
Senate Majority Leader Harry Reid, a Nevada Democrat, has
said he wants to bring the bill to the chamber's floor for a
vote as soon as possible. The Senate Homeland Security and
Governmental Affairs Committee scheduled a Feb. 16 hearing on
the measure backed by Senators Joe Lieberman, a Connecticut
Independent, and Susan Collins, a Maine Republican.
Cost Concerns
The Senate bill introduced today may affect computer
security spending at businesses including Southern Co., the
largest U.S. utility owner by market value, and AT&T Inc., the
nation's biggest telephone company.
The legislation combines elements of cybersecurity bills
introduced in the past three years into one measure. Industry
groups have criticized its broad approach, saying it may raise
costs for companies and be too prescriptive.
'We settled on a plan that creates no new bureaucracy or
heavy-handed regulations,' Rockefeller said. 'It's premised on
companies taking responsibility for securing their own
networks.'
A Bloomberg Government study released Jan. 31 found that
utilities, banks and other operators of critical networks would
have to spend almost nine times more on computer defenses to
achieve security capable of preventing 95 percent of attacks, an
increase to $46.6 billion a year from about $5.3 billion.
The study, conducted by the Ponemon Institute LLC, a
Traverse City, Michigan-based security-research firm, was based
on interviews with technology managers at 124 companies and 48
government agencies.
Homeland Security
Under the legislation, the Homeland Security Department
would have the power to identify systems that may cause mass
casualties or catastrophic economic damage when attacked. The
agency would set regulations requiring operators of critical
networks to improve security. Companies would have to show that
their networks are secure or face penalties.
The U.S. Chamber of Commerce, the nation's largest
business-lobbying group, urged lawmakers last week to delay
consideration of the bill and called for hearings before any
floor vote, citing concerns about added expenses for companies.
'Rushing forward with legislation that has not been fully
vetted would be a major mistake,' Bruce Josten, the Chamber's
executive vice president of government affairs, wrote in a Jan.
30 letter to Reid and Senate Minority Leader Mitch McConnell, a
Kentucky Republican.
Stolen Cards
Government rules typically can't keep pace with fast-
changing technology and evolving cyberthreats, Kevin Richards,
senior vice president of federal government affairs for
TechAmerica, a trade association, said in an interview.
'There are two cardinal rules when it comes to the tech
community,' said Richards, whose Washington-based group's
members include Apple Inc., International Business Machines
Corp. and Dell Inc. 'First is the rule of do no harm. Second is
beware of unintended consequences.'
Seven Senate Republicans sent a letter to Reid today
expressing reservations about his plans for swift action on the
measure by the full chamber. The letter was signed by Kay Bailey
Hutchison of Texas, John McCain of Arizona, Charles Grassley of
Iowa, Saxby Chambliss of Georgia, Lisa Murkowski of Alaska, Jeff
Sessions of Alabama and Mike Enzi of Wyoming.
Hacker Attacks
The debate over cybersecurity legislation is unfolding amid
increased concerns that U.S. networks are vulnerable to theft
and sabotage. Hackers from China and Russia are pursuing
American industrial secrets, jeopardizing an estimated $398
billion in U.S. research, according to a Nov. 3 report from the
National Counterintelligence Executive, an advisory panel of
senior U.S. security officials.
Companies with payroll and other corporate accounts lose
about $1 billion a year because of hackers based mostly in
Eastern Europe, according to security specialist Don Jackson of
Dell SecureWorks. Hackers sell stolen credit-card data for as
little as $3.50 per card on underground bazaars, an
investigation by Bloomberg News showed last year.
More than 80 U.S. law firms have been targeted by China-
based hackers intent on acquiring their clients' deal data to
give Chinese companies an edge in investments and negotiations,
according to Mandiant Corp., an Alexandria, Virginia-based
cybersecurity firm.
House Approach
'There is disagreement about when hackers will disrupt
critical infrastructure in the United States but most experts
put it within the next couple of years,' James Lewis, director
of the technology and public policy program at the Center for
Strategic and International Studies in Washington, told the
House Energy and Commerce Communications and Technology
Subcommittee during a Feb. 8 hearing.
The Chamber and TechAmerica say they favor legislation that
relies on incentives, rather than rules, to improve security.
Republicans in the U.S. House of Representatives are pursuing
smaller, targeted bills rather than the comprehensive approach
taken in the Senate.
'I don't want to get bogged down with a giant bill,'
Representative Greg Walden, an Oregon Republican, said in an
interview Feb. 8.
An 11-page bill from Representative Mike Rogers, a Michigan
Republican, would let the government disclose classified
cyberthreat data to companies in sensitive industries and shield
businesses from lawsuits when they act in good faith to protect
their networks.
Incentives Considered
A separate 45-page measure from Representative Dan Lungren,
a California Republican, would create a federal organization to
promote information-sharing on cyberthreats. It would let the
Homeland Security Department identify risks to networks and
develop security measures, without giving the agency new
regulatory powers.
Walden, who leads the House Energy and Commerce
Communications and Technology Subcommittee, said he will
consider taking up a bill offering companies incentives that may
also include tax breaks.
'If we do this in an incorrect way we actually hurt the
ability of the private sector,' he said.
The government and companies should work together to map
out computer security deficiencies rather than impose a broad
regulatory framework, Robert Dix, vice president of government
affairs for Sunnyvale, California-based Juniper Networks Inc.,
said in an interview Feb. 8.
'Let's take the chewable bites,' said Dix, whose company
makes computer hardware and software. 'Let's pass it, get
traction and then build on it.'
The Senate bill is S. 2105. The Rogers bill is H.R. 3523,
and the Lungren bill is H.R. 3674.
To contact the editor responsible for this story:
Michael Shepard at
mshepard7@bloomberg.net