House of Representatives

On August 1, Representatives Lee Terry (R- Neb.) and Jan Schakowsky (D-Ill.) announced the creation of a bipartisan Privacy Working Group in the U.S. House of Representatives that will seek to “examine online privacy concerns and issues…with a balanced approach that recognizes the need to protect personal information online in a manner that preserves growth

In a vote Wednesday afternoon, the House Permanent Select Committee on Intelligence passed the Cyber Intelligence Sharing and Protection Act (“CISPA”).  Eighteen Representatives voted in favor of the bill, and two–Rep. Adam Schiff (D-CA) and Rep. Jan Schakowsky (D-IL)–voted against.

The Committee adopted amendments that Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD)

By David N. Fagan and Kristen E. Eichensehr 

In a call with reporters Monday, Representatives Mike Rogers (R-MI) and Dutch Ruppersberger (D-MD), respectively the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence (“HPSCI”), announced several planned amendments to the Cyber Intelligence Sharing and Protection Act (“CISPA”).  The bill is expected to

Last Friday, Rep. Zoe Lofgren (D-CA) introduced the ECPA 2.0 Act, H.R. 6529, which would strengthen the legal standards for law enforcement to gain access to electronic communications and location information.  The Electronic Communications Privacy Act (ECPA) is more than 25 years old and is widely seen as needing modernization to address changes in digital storage, the cloud, and location-based services.  As we’ve previously noted, government access to location information is an ongoing issue for legislators, courts, and government officials.  Continue Reading Rep. Lofgren Introduces Legislation to Update ECPA

Rep. Mary Bono Mack (R-CA) plans to introduce legislation to renew the Federal Trade Commission’s authority to take action against cross-border spam, spyware, and fraud.

Among other provisions, the U.S. SAFE WEB Act of 2006 gave the FTC authority to share information with foreign law-enforcement agencies, to take action against foreign conduct that is unfair

The House of Representatives next week will consider legislation to counter online threats as part of what the House leadership has dubbed “Cybersecurity Week.”

The House Homeland Security Committee approved the PRECISE Act on Wednesday. The committee adopted an amendment from the bill’s sponsor, Rep. Dan Lungren (R-Cal.), to remove provisions that would have required the Department of Homeland Security (DHS) to work with other federal agencies to incorporate cybersecurity standards into regulations governing covered critical infrastructure. The amended bill, H.R. 3674, would expand the existing National Cybersecurity and Communications Integration Center within DHS to facilitate the sharing of threat information and technical assistance between private entities and governments at all levels. The bill would create an advisory board of 13 private-sector representatives for the Center.

The House also plans to vote on the Cyber Intelligence Sharing and Protection Act (CISPA), a bill introduced in late November by House Intelligence Committee Chairman Mike Rogers (R-Mich.) and ranking member Dutch Ruppersberger (D-Md.). Like the PRECISE Act, CISPA would encourage the sharing of cyber threat information among businesses and the intelligence community through the National Cybersecurity and Communications Integration Center within DHS.Continue Reading Bills Head to House Floor for “Cybersecurity Week”

A bill introduced in the House of Representatives Thursday would require the Department of Homeland Security to take a lead role in identifying and developing cybersecurity standards for systems that control critical infrastructure. The bill also would create a non-profit clearinghouse for the sharing of cybersecurity threat information between government agencies and the private sector. Unlike some other pending data-security proposals, the bill does not include provisions requiring businesses to establish comprehensive data-security programs or to provide breach notifications.

H.R. 3674, titled the “PRECISE Act” and introduced by Rep. Dan Lungren (R-Calif.), directs the Department of Homeland Security to identify and evaluate cybersecurity risks to critical infrastructure, including private infrastructure; to identify existing standards for mitigating those risks, or to develop such standards if necessary; to create market incentives to encourage the use of the identified performance standards; and to work with the relevant agencies to incorporate “the most effective and cost-efficient” of the identified standards into the regulatory regimes governing covered critical infrastructure. The bill defines “covered critical infrastructure” as facilities or functions in which a disruption could cause significant loss of life, major economic disruption, mass evacuations for an extended length of time, or a severe degradation of national security.Continue Reading Proposed Cybersecurity Bill Focuses on Critical Infrastructure, Encouraging Information Sharing

As we previously discussed here, the House of Representatives is considering a bill to amend the Telephone Consumer Protection Act (“TCPA”). The bill, known as the Mobile Informational Call Act of 2011 (H.R. 3035), has bipartisan and industry support but also has drawn opposition from some consumer groups and state attorneys general.

Leaders of the House Intelligence Committee—Chairman Rep. Mike Rogers (R-Mich.) and ranking Democrat Rep. Dutch Ruppersberger (Md.)—introduced a bill yesterday that would shield businesses from liability for sharing information relating to cyber threats with the federal Government and other entities. The bill—H.R. 3523—is intended to promote the sharing of cyber threat intelligence among