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Cybersecurity Legislation Near

By Mark W. Menezes, Frederick R. Eames and Evan D. Wolff

On Nov. 15, the U.S. Senate declined to approve S. 3414, the Cybersecurity Act of 2012, introduced by senators Joe Lieberman (I-CT) and Susan Collins (R-ME), and supported by the Obama administration. (See, www.govtrack.us/congress/bills/112/s3414.) The proposed legislation would have set voluntary cybersecurity standards for owners of the nation's critical infrastructure, such as gas pipelines, utilities and banks. The bill also would have authorized companies and the government to share information about online threats. Most supported the information-sharing provisions of the proposed legislation, but many businesses were concerned that even voluntary standards could impose new liabilities upon them and that the act did not provide adequate liability protection to address those risks.

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