[iwar] [fc:Security.data-sharing.bill.fails.to.pass.in.'01]

From: Fred Cohen (fc@all.net)
Date: 2001-12-27 21:46:29


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Date: Thu, 27 Dec 2001 21:46:29 -0800 (PST)
Subject: [iwar] [fc:Security.data-sharing.bill.fails.to.pass.in.'01]
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Security data-sharing bill fails to pass in '01 
By Patrick Thibodeau, Computerworld, 12/27/2001
<a href="http://www.infoworld.com/articles/hn/xml/01/12/27/011227hnsecurebill.xml">http://www.infoworld.com/articles/hn/xml/01/12/27/011227hnsecurebill.xml>

DESPITE A STRONG post-Sept. 11 push for passage, legislation intended to
encourage companies to share security data with the government -- and
one another -- without fear of it becoming public failed to be adopted
this year.

The legislation, sponsored in the Senate by. Robert Bennett (R-Utah) and
John Kyle (R-Ariz.) and in the House by Tom Davis (R-Va.) and Jim Moran
(D-Va.), seeks to amend the Freedom of Information Act (FOIA) to protect
security data shared with the government from disclosure. The
legislation also includes antitrust protections for companies that
collaborate on security issues. 
The White House-backed measures, however, have come under attack from
environmental groups, which say the FOIA exemptions are too broad and
may protect companies involved in toxic spills, for instance. Opponents
argue that companies will be able to use the law to shield documents
from the public and civil litigation by "voluntarily" turning them over
to the government. 
"For those companies who want to operate in secrecy ... more likely
their counsel is going to recommend giving a boatload of information" to
the government to protect it from disclosure, argues Gary Bass,
executive director of OMB Watch, a Washington-based nonprofit research
and advocacy organization that monitors the White House Office of
Management and Budget. Bass is also head of a coalition of groups with
concerns about this legislation. 
The bill's sponsors are disputing the group's claims. In a letter sent
to House members Dec. 17, Davis and Moran said the legislation wouldn't
give companies a vehicle to hide information now made public. "If you
are legally able to obtain a specific piece of information now, you will
continue to be able obtain that information after the Act's passage,"
Davis and Moran wrote. 
Renewed efforts to win passage of these bills will be made when Congress
resumes work in February, said spokesmen Davis and Bennett. 
"We simply can't imagine that critical infrastructure protection will
not be part of congressional response to September 11th in the long
run," said David Marin, the legislative director and spokesman for
Davis. 
Another post-Sept. 11 private sector-focused security bill sponsored by
Rep. Jerry Weller (R-Ill.) that failed to pass this year called for
expanded tax write-offs of equipment used to improved security --
anything from new deadbolts to firewalls. 
But John Pescatore, an analyst at Stamford, Conn.-based Gartner Inc.,
said the legislation offered the wrong kind of incentive. 
"Nobody would get a tax break if they built more secure Web sites; they
would only get a tax break if they added stuff to make it more secure,"
he said, adding that the measure would encourage vendors to sell more
tools instead of producing better products. "There's an artery gushing
blood, let's give tax breaks for Band-Aids."

For more enterprise computing news, go to www.computerworld.com .
Copyright (c) 2000 Computerworld. All rights reserved.

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