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Wednesday, February 22, 2012

postheadericon Cyber Security Act of 2012 requires a liability protection bug fix

The Lieberman-Collins-Rockefeller-Feinstein Cyber Security Act of 2012 seeks to protect high-risk critical infrastructure of the United States from cyber attack, and to create a place for private sector entities to share cyber information without fear of reprisalâ€"while receiving the “secret sauce” only the government can provide: intelligence and law enforcement information. These dual goals are important, and it is past time Congress acted in this area.  But the Act isâ€"to use a tech termâ€"buggy.  It doesn’t sufficiently tamp down potential legal liability for private entities, and in some cases increases it, creating an insurmountable disincentive for companies to voluntarily share cyber information. It leaves owners of critical infrastructure subject to civil litigation and outsized damages if an attack happens, even when they fully comply with the Act’s mandates. Before the Act comes out of beta, Congress should debug its liability protection provisions.!   Here’s how:

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