Federal Government Regulation
There are few federal cyber-security regulations, and the ones that exist focus on specific industries. The three main cyber-security regulations are the 1996 Health Insurance Portability and Accountability Act, the 1999 Gramm-Leach-Bliley Act and the 2002 Homeland Security Act, which included the Federal Information Security Management Act (FISMA). These three regulations mandate that healthcare organizations, financial institutions and federal agencies protect their systems and information . For example, FISMA, which applies to every government agency, “requires the development and implementation of mandatory policies, principles, standards, and guidelines on information security.” But, these regulations do not address numerous computer related industries, such as Internet Service Providers (ISPs) and software companies. Furthermore, these regulations do not specify what cyber-security measures must be implemented and require only a “reasonable” level of security. The vague language of these regulations leaves much room for interpretation. Bruce Schneier, founder of Cupertino’s Counterpane Internet Security, argues that companies will not make sufficient investments in cyber-security unless government forces them to do so. He also states that successful cyber-attacks on government systems still occur despite government efforts.
It has been suggested that the Data Quality Act already provides the Office of Management and Budget the statutory authority needed to implement critical infrastructure protection regulations through the Administrative Procedure Act rulemaking process. This idea has not been fully vetted and would require additional legal analysis before a rulemaking could begin.
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