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International Cyber Terrorism

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and spyware bill and was passed on May 23, 2005 in the US House of<br />

Representatives but died in the US Senate. The bill "makes unlawful the unauthorized<br />

usage of a computer to take control of it, modify its setting, collect or induce the owner<br />

to disclose personally identifiable information, install unsolicited software, and tamper<br />

with security, anti-spyware, or anti-virus software."<br />

On May 12, 2011, US Barack Obama proposed a package of cybersecurity legislative<br />

reforms to improve the security of US persons, the federal government, and critical<br />

infrastructure. A year of public debate and Congress hearings followed, resulting in the<br />

House of Representative passing an information sharing bill and the Senate developing<br />

a compromise bill seeking to balance national security, privacy, and business interests.<br />

In July 2012, the <strong>Cyber</strong>security Act of 2012 was proposed by Senators Joseph<br />

Lieberman and Susan Collins. The bill would have required creating voluntary "best<br />

practice standards" for protection of key infrastructure from cyber attacks, which<br />

businesses would be encouraged to adopt through incentives such as liability<br />

protection. The bill was put to a vote in the Senate but failed to pass. Obama had voiced<br />

his support for the Act in a Wall Street Journal op-ed, and it also received support from<br />

officials in the military and national security including John O. Brennan, the chief<br />

counterterrorism adviser to the White House. According to The Washington Post,<br />

experts said that the failure to pass the act may leave the United States "vulnerable to<br />

widespread hacking or a serious cyberattack." The act was opposed by Republican<br />

senators like John McCain who was concerned that the act would introduce regulations<br />

that would not be effective and could be a "burden" for businesses. After the Senate<br />

vote, Republican Senator Kay Bailey Hutchison stated that the opposition to the bill was<br />

not a partisan issue but it not take the right approach to cybersecurity. The senate vote<br />

was not strictly along partisan lines, as six Democrats voted against it, and five<br />

Republicans voted for it. Critics of the bill included the US Chamber of<br />

Commerce, advocacy groups like the American Civil Liberties Union and the Electronic<br />

Frontier Foundation, cybersecurity expert Jody Westby, and The Heritage Foundation,<br />

both of whom argued that although the government must act on cybersecurity, the bill<br />

was flawed in its approach and represented "too intrusive a federal role."<br />

In February 2013, Obama proposed the Executive Order Improving Critical<br />

Infrastructure <strong>Cyber</strong>security. It represents the latest iteration of policy but is not<br />

considered to be law as it has not been addressed by Congress yet. It seeks to improve<br />

existing public-private partnerships by enhancing timeliness of information flow between<br />

DHS and critical infrastructure companies. It directs federal agencies to share cyber<br />

threat intelligence warnings to any private sector entity identified as a target. It also<br />

tasks DHS with improving the process to expedite security clearance processes for<br />

applicable public and private sector entities to enable the federal government to share<br />

this information at the appropriate sensitive and classified levels. It directs the<br />

development of a framework to reduce cyber risks, incorporating current industry best<br />

practices and voluntary standards. Lastly, it tasks the federal agencies involved with<br />

incorporating privacy and civil liberties protections in line with Fair Information Practice<br />

Principles.<br />

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