Lieberman says Internet cyber attack response crippled by liability woes

A provision in a proposed Senate bill that would give the President authority to force private-sector operators of information technology and communications "critical infrastructure" to implement government-designed cybersecurity measures during an emergency is meant for occasions when the threat of civil liability would otherwise prevent companies from acting, said the bill's primary sponsor, Sen. Joe Lieberman (I-Conn.).

Actions such as blocking Internet traffic from a particular source would have enormous financial consequences that could inhibit companies from undertaking them even were they in the national interest, Lieberman said. The bill protects firms from civil suit while they act under presidential orders, Lieberman said. He spoke while chairing a June 15 hearing of the Senate Homeland Security and Governmental Affairs Committee.

The provision, found in the "Protecting Cyberspace as a National Asset Act of 2010," which Lieberman introduced June 10, has provoked worry that the government could gain too much power over the Internet.

Sen. Susan Collins (R-Maine), a bill co-sponsor, said the provision would prevent supposed future executive branch misuse of power by demarcating clear lines of authority. During the event of a massive cyber attack, "a president is going to act, and that's where frankly you see abuses, where there are problems is when there isn't clear authority," she said.

Homeland Security Deputy Under Secretary Philip Reitinger, who heads the DHS National Protection and Programs Directorate, said during testimony that the Obama administration has no current opinion on the bill.

His written testimony suggests that the administration believes it already has sufficient emergency authority over the Internet. "Section 706 of the Communications Act and other laws already address presidential emergency authorities and Congress and the administration should work together to identify any needed adjustments to the act, as opposed to developing overlapping legislation," Reitinger's written testimony states. Section 706 grants the President wartime powers over telecommunication facilities.

"You seem to be opposing the attempt that we have in our bill to lay out the authorities of the President," Collins told Reitinger, referring to Reitinger's written testimony.

"The administration's position is to prefer to see if those [existing] authorities could be aligned in a way that would allow the need to be met, and if movement goes forward, to do so in a way that would be minimally disruptive," Reitinger replied.

Lieberman said the Senate Homeland Security committee will markup the bill next week, paving its way for quick consideration by the full Senate. Senate Majority Leader Harry Reid (D-Nev.) has said he might roll up various cybersecurity bills into one bill, according to Lieberman.

For more:
- check out the Senate Homeland Security committee's webpage on the hearing, complete with webcast and prepared testimonies, including Reitinger's (.pdf)

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