Cybersecurity Act of 2010
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The development of the computer technology as industry of entertainment and electronic net changed the way of people live. The 21st century is characterized by the increasing use of information technology in society. Extensive penetration of social networks, the use of Internet as a primary source of information has made the major changes in social relations in the world. It made them faster and accurate. Today, information technologies allow people from different countries and continents to discuss the variety issues in real time. However, recently it raised the question of the security of the computer transactions and people private identity within the cyber space. There are more people who become victims of the cyber crime. It could be dangerous not only for some individuals, but it also could dangerous for the system of security of any country. There was designed the Cybersequrity Act in 2009. The main purpose of this Act was to take serious actions against the online threats and protect the rights of cyber users.
Cybersecurity is a set of tools, policies, principles of safety, security guarantees, risk management approaches, actions, training, insurance and technology that are used to protect cyber, resource organizations and users. Cybersecurity is a process of achievement and maintain the security properties in the organization's resources and users against the relevant cyber threats. The main objectives of security are: availability, integrity, including authenticity and confidentiality. Cyber security is a necessary condition for the development of the information society. “The networks that American families and businesses rely on for basic day%u2010to%u2010day activities are being hacked and attacked every day. At this very moment, sophisticated cyber criminals, hackers and attackers are trying to steal our identities, our money, our business innovations, our commercial intellectual property, and our national security secrets” (Norton).
Cybersecurity had to take legal structure in order to clearly define the role of cyber security, its standards, and the responsibility of government agencies. The head of the U.S. National Security Agency and the head of Cyber Command United States, Keith Alexander called on Congress to enact legislation on cyber security as soon as possible, due to the rising probability of devastating cyber attacks. According to Alexander, the law must be taken in order to clearly define the structure and accurate role cyber security. In addition, it is important to exchange information between the government and the private sector. The conflict with cybersecurity is growing. All necessary measures should be taken to prevent it. Despite the fact, that the government has time, Alexander stated that this Act should be adopted as soon as possible. Exchange of information on cyber attacks is particularly important to protect the critical U.S. infrastructure. The government is not interested in reading e-mail messages of Americans and has a desire to build a decent security system against cyber attacks. All these reasons led to the design of the Cybersecurity Act of 2010.
The Cybersecurity Act of 2010 was developed and introduced by Senator Jay Rockefeller, Senator Evan Bayn, Senator Barbara Mikulski, Senator Bill Nelson and Senator Olimpia Snowe. The final version of the Act was approved on March 24, 2009. There were several goals that should have been performed by this act. The main goal of the act was to upgrade the collaboration between the private and public sector. In order to establish this collaboration, it was necessary to establish the strong relationship between these two sectors that would be based on the trust. There were also other goals like to maintain the communication with other countries within the cyber space, provide further development of the cyber industry and provide decent protection for all users and other purposes. “To ensure the continued free flow of commerce within the United States and with its global trading partners through secure cyber communications, to provide for the continued development and exploitation of the Internet and intranet communications for such purposes, to provide for the development of a cadre of information technology specialists to improve and maintain effective cyber security defenses against disruption” (Participatory Politics Foundation). It also determined the policy of high standards of the providing the cyber security.
There were some concerns among the developers of the Cybersecurity Act of 2010. As a matter of fact, the passed bill in the Congress gives to the President the ability and power to shut down Internet. There was no exactly clear information about all technical details, but it sparked a wave of confusion. “Giving government, especially the president, unprecedented control over America's trunk line of information, over electronic free speech and over business activities simply invites suspicions about whether it would be used politically to frighten people at election time” (Fisher) However, the presidential already has a power to shut down any similar facility or object. It is in the authority of the President to shut down Internet in case of the war or other international threat. The previous bill remained the right for the President to accomplish such actions, in case of the cyber attack. However, according to the new bill, it will limit this authority of the President. It has required getting the Congressional approval for the President after 120 days of the control of a network.
While in Congress, a new law was supported by parties, the Republican-controlled House and Democratic-controlled Senate's opinions on the new law differs considerably. This may lead to the adoption of the law on final reading in the Senate which will not go as smoothly as in the Congress. Differences emerged in the approach to the problem. The bill that was passed by the Congress removes legal barriers and allows government intelligence agencies and private companies to voluntarily share information on cyber threats. Following the Obama’s Administration Cyberspace Policy Review, it is asserted that the digital infrastructure is not enough protected in the country “Without major advances in the security of these systems or significant change in how they are constructed or operated, it is doubtful that the United States can protect itself from the growing threat of cybercrime and state-sponsored intrusions and operations” (Participatory Politics Foundation).
However, Barack Obama has promised to veto the bill as soon as he lies down on his desk. The President believes that the new law violates of information privacy. He is sure that no one has the right to have a direct access to any private information, even if such access is necessary for the providing security of the cyber space in the country. There were also more than 20 civil rights’ groups that were not satisfied with a new Act. They showed the concern about the bill. They were not satisfied that the bill includes remarks in such components as Internet use, on which Americans rely on each day.
Hence, Cybersecurity Act of 2010 was developed in order to create a legislation basis of the cybersecurity of the country. The main goals of the Act were to provide a decent protection of cyber transaction and users’ identity. It was also designed to increase and strengthen the collaboration of the public and private sector. However, it would limit the right of the President, who does not want to accept the bill due to the ability of the different agencies, which would have the access to the personal information. Some experts believe that this bill could lead to the cyber war that is not a good option for the U.S.