Cybersecurity: Evaluating the Administration's Proposals
This statement for the record first examines the Administrationʼs cybersecurity proposals in broad strokes and then highlights three parts of that plan that fit within the Judiciary Committeeʼs jurisdiction. The document suggests an approach to information sharing more likely to protect civil liberties and promote security, explains why the Administrationʼs data breach notification proposal is a good start but needs some modifications, and encourages the Subcommittee to address longstanding concerns with the ambiguity and breadth of the CFAA before considering the penalty enhancements the Administration has proposed.
An overarching theme of CDT's statement for record is that Congress should take a careful, nuanced approach when crafting cybersecurity authorities, avoiding overbroad legislation and the attendant unintended consequences to individual rights and technological innovation. In particular, CDT urges the Subcommittee to think carefully about the role of government in enhancing national cybersecurity. Government action is surely required in some areas, but in others government intervention would raise significant civil liberties concerns, could impede innovation, and might be counterproductive from a security standpoint.