Review - S 2292 Introduced – Cyber-Attack Response

Back in June, Sen Daines (R,MT) introduced S 2292, the Study on Cyber-Attack Response Options Act. The bill would require DHS to conduct a study on the potential consequences and benefits of amending the Computer Fraud and Abuse Act to allow private companies to take proportional actions in response to an unlawful network breach. No funding is authorized by this bill.

Neither Daines or his sole cosponsor {Sen Whitehouse (D,RI)} are members of the Senate Homeland Security and Governmental Affairs Committee to which this bill was assigned for consideration. This means that it is unlikely that there would be enough influence to see this bill be considered in Committee. While this is only a study and report bill, I believe that this hacking back concept is controversial enough that there might be bipartisan opposition to the bill for a variety of ideological reasons. I do not think that there would be sufficient support to favorably report the bill out of the Committee.

For more details on the bill and a discussion of ‘hacking back’, see my article on CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2292-introduced - subscription required.

Bills Introduced – 6-24-21

Yesterday, with both the House and Senate in Washington (and the Senate preparing to leave for their 2-week 4^th of July recess), there were 176 bills introduced. Five of those bills will receive additional coverage in this blog:

S 2269 A bill to secure the bulk-power system in the United States. Sen. Scott, Rick [R-FL] 

S 2274 A bill to authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Sen. Hassan, Margaret Wood [D-NH]

S 2292 A bill to require the Secretary of Homeland Security to study the potential consequences and benefits of amending the Computer Fraud and Abuse Act to allow private companies to take proportional actions in response to an unlawful network breach. Sen. Daines, Steve [R-MT]

S 2302 A bill to amend the Department of Energy Organization Act to assign certain functions to the Assistant Secretaries of Energy relating to energy emergencies and energy security, and for other purposes.

S 2305 A bill to enhance cybersecurity education. Sen. Ossoff, Jon [D-GA]