DorobekINSIDER: Throwing elbows over cyber-security legislation

It appears that the effort to pass a cyber-security bill is going to get a bit more tough then expected. Late last month, officials from Cisco, IBM and Oracle s...

It appears that the effort to pass a cyber-security bill is going to get a bit more tough then expected.

Late last month, officials from Cisco, IBM and Oracle sent a letter to the main sponsors of the Protecting Cyberspace as a National Asset Act, S. 3480 — Senators Joe Lieberman (DI-Conn.) Susan Collins (R-Maine) and Tom Carper (D-Del.). The letter raised concerns about some provisions of the bill:

While well intentioned, it ultimately puts U.S. critical infrastructure at increased risk by threatening the intellectual property of American companies that create the IT that operates the vast majority of U.S. government and private-sector critical networks and systems.  The unintended result may be a weakening of the domestic software and hardware industry to an extent that could, ironically, leave the U.S. more dependent upon foreign suppliers for their critical IT systems.

The letter goes on to raise specific concerns about detailed provisions of the bill. You can read the full copy of the letter here.

The Senators issued a forceful response — a letter addressed specifically to the heads of those companies — and it was posted right on the Senate Homeland Security and Governmental Affairs Web site. In the response, they refer to the concerns as “mischaracterizations” of the bill:

This legislation is informed by years of oversight by this Committee and is the result of more than a year of drafting. Our staff spent considerable time working with industry representatives – including representatives from your companies – and the bill, as reported, addresses many of the concerns your companies raised during that time…

Your input on this important legislation is important to our Committee, and both our staff and yours have invested considerable time in this process. While we find the mischaracterizations of our bill in your letter inaccurate and disappointing, we welcome further discussion and hope that we can engage in a constructive dialogue going forward.

Again, you can read the full response here.

Meanwhile, Politico’s Morning Tech is reporting that the House version of the bill is having some trouble.

Staff representing the Senate’s top players in the cybersecurity debate – Rockefeller, Snowe, Collins, Lieberman, Carper – will begin huddling this week over ways to merge the chamber’s top two proposals. But the path forward in the House is still unclear.

The lower chamber’s version of the Lieberman-Collins-Carper plan, spearheaded by Reps. Jane Harman and Pete King, is still pending consideration by a slew of committees that all share jurisdiction. And the committee closest to the action – the House Homeland Security panel – plans to introduce its own bill soon, pitched by Chairman Thompson. Meanwhile, a Senate Dem aide tells Morning Tech that it is unclear whether Rep. Jim Langevin, another cybersecurity leader, is writing his own comprehensive legislation. Stay tuned.

IT WILL BE THE HOUSE SCI/TECH COMMITTEE that will take the first stab at cybersecurity once both chambers return from recess next week. The Technology and Innovation Subcommittee announced late Tuesday it had invited industry leaders from EPIC, the Institute for Defense Analyses, the Council on Foreign Relations and Ponte Technologies to its scheduled July 15 hearing – and it promises additional witness announcements to come soon.

Read Politico’s Morning Tech here.

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