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U.S. Cybersecurity's Path from Legislative Debate to Executive Action

By Marty Dunn, Jon Sallet, and Jennifer Chang

The effective defeat recently of the proposed Cybersecurity Act of 2012 (S. 2105) (www.govtrack.us/congress/bills/112/s2105/text) due to the failure in the Senate to secure the 60 votes needed to cut off a filibuster, appears to the mark the end of this year's efforts to enact legislation confronting the threat of cybersecurity to critical U.S. infrastructure. Perhaps inevitably, in an election season the Congress could not choose between two very different visions.

That some action is needed in the realm of cybersecurity is the one thing beyond debate. Over the last year, supporters of various versions of legislation have emphasized that the nation's critical infrastructure ' including electrical grids, water stations and telecommunications systems ' is a target for cyber-attacks. Indeed, in July, the head of the National Security Agency and the U.S. Cyber Command (www.defense.gov/home/features/2010/0410_cybersec) said that computer attacks on U.S. infrastructure had increased 17-fold between 2009 and 2011, and expressed the view that, on a scale of 1-10, U.S. preparedness for a large cyber-attack is around a three.

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