The Internet Is Our Only Freedom of Speech

Dear Mr. Harkness:

Thank you for contacting me regarding cybersecurity in the United States.  As your voice in Washington D.C., I appreciate hearing from you.

According to the Department of Homeland Security (DHS), from 2005 to 2007 there was an 800% increase in cyber attacks against the United States.  Additionally, there were over 360 million attempts to break into the Pentagon’s networks in 2008.  As new high-tech dangers emerge, we must be prepared to defend against both domestic and foreign hackers who wish harm upon the United States.

Several bills have been introduced in the 111th Congress to address these increasing cybersecurity threats.  S. 778 would establish the Office of National Cybersecurity Advisor within the Executive Office of the President.  S. 773, the Cybersecurity Act of 2009, would create a Cybersecurity Advisory Panel to advise the President and require the Director of National Intelligence and the Secretary of Commerce to present to Congress an annual report on cybersecurity threats.  S. 773 would require the Secretary of Commerce to employ a system to analyze and report on any cyber vulnerabilities within all federal information systems and networks operated by the Department of Commerce. The bill would also direct the President to implement a national cybersecurity strategy and work with other nations to encourage cooperative efforts in improving international cybersecurity efforts. Furthermore, S. 773 would authorize $150 million in FY 2010 for cybersecurity research and would increase funding for research centers and graduate students specializing in cybersecurity.

In order to address the increasing risks of cyber attacks, some suggest creating the position of a cybersecurity coordinator within the White House who would have direct access to the President. In 2008 the Center for Strategic and International Studies Cybersecurity Commission recommended the establishment of a cyberspace office at the White House. President Obama has since advocated for a cybersecurity advisor within the White House to integrate the government’s cybersecurity policies and coordinate responses to cyber threats. Additionally, President Obama has stated that the cybersecurity adviser will be a member of the National Security Council staff and the National Economic Council staff. Coordinating governmental agencies’ cybersecurity strategies would be done by this cybersecurity coordinator within the White House, rather than through the Department of Homeland Security.

While there is general agreement that we must strengthen cybersecurity defenses, many are concerned that a cybersecurity coordinator, or a cyber “czar,” is unnecessary and will only increase the levels of red tape within the government. Since several DHS officials already have substantial cybersecurity responsibilities, cyber defenses should be enhanced through increased resources and capabilities within DHS. Establishing a cybersecurity advisor within the White House, opponents argue, will weaken Congress’ ability to conduct oversight of the activities of the Executive Office and ensure individual accountability of administration.  Furthermore, opponents are concerned that a cyber czar will place too much control over internet security into the hands of the executive branch and may allow for greater internet regulation in the future.  Many constituents have contacted me to express concerns about the provision in S. 773 which would allow the President to “declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal Government or United States critical infrastructure information system or network.”  I find this provision particularly troubling as it has the potential to allow for the abuse of power by the Executive Branch and may be used to restrict the free flow of commerce.

S. 773 is currently pending in the Senate Commerce, Science and Transportation Committee, and S. 778 is pending in the Senate Homeland Security and Governmental Affairs Committee.  Should any of these bills come to the Senate floor, I will certainly keep your views in mind. Please know that I will continue to support efforts to strengthen cybersecurity defenses while also promoting the free flow of commerce and information on the internet.

Thank you again for your correspondence.  Please do not hesitate to contact me in the future with any other concerns or comments you may have.

Sincerely,

James M. Inhofe
United States Senator