CISA
Issues
The U.S. Senate passed the Cybersecurity
Information Sharing Act (“CISA,” S. 754). In passing it had to
consider a variety of issues before it
regarding the amendments to CISA. The
proposed amendments of CISA have one goal in common, to enhance privacy and
strengthen the privacy.
One of the issues was to clarify the definition of
what is a cyber security threat and what may indicate that there has been a
threat. Another is to strengthen the protection of personal identifiable
information (PII). When it comes to
governmental sharing of information or the Freedom of Information Act
disclosures that both aspect engender heightened PII protection and that the
PII is extracted from what is shared or provided upon FOIA request.
Regarding the sharing of PII among federal agencies CISA addressed the
extension of liability protection in monitoring information sharing and the
disclosure breach. However, the
liability protection will not apply to gross negligence and the protection will
not limit common law and statutory defenses in handling PII.
Furthermore, there is the implementation of frequent reporting of best
practices to be implemented on the handling of PII among federal agencies
sharing information. In so far as cyber
security threat is defined, events involving consumer terms of service or
licensing agreements are excluded from the definition. Despite CISA passing in the Senate, its
reconciliation with Title II, the “Federal Cybersecurity Enhancement Act,” and the
Cyber Information Sharing and Protection Act (“CISPA”) remains.
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