A federal cybersecurity law edged closer to reality late last week when the Senate Judiciary Committee approved a bill to protect the personal data of Americans. It's exactly what many security experts have been calling for - one federal law that would supersede the growing mountain of state data security laws and give enterprises a simplified, one-size-fits-all roadmap to work from. The bill is a bipartisan effort sponsored by Chairman Patrick Leahy, D-Vt., and co-sponsored by former Chairman Orrin Hatch, R-Utah, that would, among other things, force companies and data brokers to institute data privacy and security programs. Also see Mass 201 CMR 17: A Survival Guide for the Anxious And yet, when asked if a federal law is a good idea Tuesday during a panel discussion on the seventh-annual Global Information Security survey, which CSO and CIO magazines conducted with PricewaterhouseCoopers (see survey results here), one attendee who happens to work for the federal government deadpanned, "Careful what you wish for." That seems to be the consensus among IT security pros these days.
But in a recent, informal and unscientific poll CSOonline conducted on LinkedIn, a majority of respondents expressed doubt that a federal law would make their jobs easier. True, the patchwork of state laws can indeed be confusing to companies looking for a one-size-fits-all approach to security compliance. If anything, they said, the opposite would probably be the result. Here's what four respondents said: Gregory Anderson, desktop security SEPM lead manager and wise application packager at Qwest CommunicationsI have no faith in the U.S. government to implement useful strategies and security measures that don't fall completely apart when political cowards take the reins. The question we asked in various LinkedIn forums was if a federal cybersecurity law was the right way to proceed.
James McGovern, Hartford, Conn., chapter leader for the Open Web Application Security Project (OWASP)One thing I believe is missing is that the government needs to acknowledge that while their security practice is probably more rigorous through the lens of process than their enterprise counterparts, they can learn something from enterprises in terms of community sharing of knowledge, ability to work under scenarios of smaller budgets and how to accomplish the job with less bureaucracy. When was the last time a government CIO or enterprise architect ever traded notes with their enterprise peers? We don't need more enforcement, but collaboration. Good security requires understanding multiple perspectives and not thinking in such an insular manner. And, the Personal Data Privacy and Security Act isn't really about breaches but more about the legal and punishment aspects.
Michael S. Black, manager of information security operations at Barclaycard U.S.Well, the Data Breach Notification Act has an exemption for data that "was rendered indecipherable through the use of best practices or methods, such as redaction, access controls, or other such mechanisms, that are widely accepted as an effective industry practice, or an effective industry standard." It doesn't really have any teeth, does it? So we are left with PR and not a framework to increase security. David Robbins, director, systems development at the Taubman CompanyNo, it is not. It's something to let politicians thump their chest and say "We are working hard to help you," but it actually doesn't help the average person whose data gets stolen and resold, and has his credit destroyed. Powers not enumerated in the Constitution are relegated to the states or the citizenry. Assistance with oversight would probably be viewed in the same light - with frivolity.
The feds have outsourced the production of many electronic components for our military, to the point where we may become crippled should an escalated conflict occur. Breaches in security will have no consequences except when brought forth to a committee. How will this secure us? That's the Congress, the same people who vote on bills that they don't really read, or for that matter, bills that haven't been completely written. Will AT&T be under greater scrutiny, or will they buy off the politicians?