1.This Act may be cited as
the International Cyberspace and
Cybersecurity Coordination Act of 2010
.
2.Congress makes the following
findings:
(1)On February 2,
2010, Admiral Dennis C. Blair, the Director of National Intelligence, testified
before the Select Committee on
Intelligence of the Senate regarding the Annual Threat
Assessment of the U.S. Intelligence Community, stating The national
security of the United States, our economic prosperity, and the daily
functioning of our government are dependent on a dynamic public and private
information infrastructure, which includes telecommunications, computer
networks and systems, and the information residing within. This critical
infrastructure is severely threatened. … We cannot protect cyberspace without a
coordinated and collaborative effort that incorporates both the US private
sector and our international partners.
.
(2)In a January 2010
speech on Internet freedom, Secretary of State Hillary Clinton stated:
Those who disrupt the free flow of information in our society, or any
other, pose a threat to our economy, our government, and our civil society.
Countries or individuals that engage in cyber attacks should face consequences
and international condemnation. In an Internet-connected world, an attack on
one nation’s networks can be an attack on all. And by reinforcing that message,
we can create norms of behavior among states and encourage respect for the
global networked commons.
.
(3)James Lewis,
senior fellow at the Center for Strategic and International Studies asserts, in
Securing Cyberspace for the 44th Presidency, The international aspects
of cybersecurity have been among the least developed elements of U.S.
cybersecurity policy. Given the multinational and global aspects of network
security, this must be remedied, as energetic engagement could produce real
benefits in promoting U.S. objectives and reducing risk.
.
(4)The 2010 National
Broadband Plan of the Federal Communications Commission recommends that
[t]he Executive Branch should develop a coordinated foreign
cybersecurity assistance program to assist foreign countries in the development
of legal and technical expertise to address cybersecurity.
.
(5)The May 2009
White House Cyberspace Policy Review asserts [t]he Nation also needs a
strategy for cybersecurity designed to shape the international environment and
bring like-minded nations together on a host of issues, such as technical
standards and acceptable legal norms regarding territorial jurisdiction,
sovereign responsibility, and use of force. International norms are critical to
establishing a secure and thriving digital infrastructure.
.
3.It is the sense of
Congress that—
(1)even as the
United States and the global system have become increasingly more dependent on
cyberspace for basic and critical functions and services, a lack of sufficient
norms and principles to govern the international cyberspace environment has
resulted in significant cyber vulnerabilities and the potential for massive
state failure in the event of coordinated cyber attacks;
(2)the multilateral
system has not—
(A)addressed these
vulnerabilities in a consistent or systematic manner; or
(B)established a
basic framework of best practices and governance to address and respond to
emerging cyber threats;
(3)the international
community should strongly consider the utility of negotiating a multilateral
framework on cyberwarfare that would create shared norms for cyber conduct and
head off the potentiality for larger disruptions related to
cyberwarfare;
(4)United States
diplomatic engagement towards international cybersecurity issues—
(A)has been
uncoordinated and fragmented; and
(B)has not taken
advantage of securing cyberspace within a multilateral framework;
(5)the Secretary of
State, in consultation with other relevant Federal agencies, should develop and
establish a clear and coordinated strategy for international cyberspace and
cybersecurity engagement, which should—
(A)review and assess
existing strategies for international cyberspace and cybersecurity policy and
engagement;
(B)define short- and
long-term objectives for United States cyberspace and cybersecurity
policy;
(C)consider how to
support a policy of United States Government collaboration and coordination
with other countries and organizations in order to bolster an international
framework of cyber norms, governance, and deterrence;
(D)consider the
utility of negotiating a multilateral framework that would provide
internationally acceptable principles to better mitigate cyberwarfare,
including noncombatants;
(E)share and
disseminate relevant threat information with key stakeholders;
(F)be developed in
consultation with other United States Government agencies with relevant
technical expertise or policy mandates pertaining to cyberspace and
cybersecurity issues; and
(G)draw upon the
expertise of technology, security, and policy experts, private sector actors,
international organizations, and other appropriate entities.
4.Coordinator for
Cyberspace and Cybersecurity IssuesSection 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
(1)in subsection (e), by striking in
this paragraph referred to
and inserting referred to in this
subsection
;
(2)by redesignating subsection (g) as
subsection (h); and
(3)by inserting
after subsection (f) the following:
(g)Cyberspace and
cybersecurity issues
(1)There is established within the office of the Secretary
of State a Coordinator for Cyberspace and Cybersecurity Issues (referred to in
this subsection as the Coordinator
), who shall be appointed by
the President, by and with the advice and consent of the Senate.
(2)
(A)The Coordinator shall—
(i)be the principal
official within the senior management of the Department of State responsible
for cyberspace and cybersecurity issues;
(ii)be the principal
advisor to the Secretary of State on international cyberspace and cybersecurity
issues;
(iii)report directly
to the Secretary of State; and
(iv)perform such
duties and exercise such powers as the Secretary of State shall
prescribe.
(B)In addition to the duties described in subparagraph (A),
the Coordinator shall—
(i)provide strategic
direction and coordination for United States Government policy and programs
aimed at addressing and responding to cyberspace and cybersecurity issues
overseas, especially in relation to issues that affect United States foreign
policy and related national security concerns;
(ii)coordinate with
relevant Federal departments and agencies, including the Department of Homeland
Security, the Department of Defense, the Department of the Treasury, the
Department of Justice, the Department of Commerce, and the intelligence
community to develop interagency plans regarding international cyberspace and
cybersecurity issues;
(iii)provide a focal
point for the private sector to coordinate on international cyberspace and
cybersecurity issues; and
(iv)build
multilateral cooperation to develop international norms, common policies, and
responses to secure the integrity of cyberspace.
(3)Rank and status
of ambassadorThe Coordinator shall have the rank and status of
Ambassador at Large.
(4)Country and
regional cyberspace and cybersecurity policy coordinatorsThe
Secretary of State, in consultation with the heads of other relevant Federal
agencies and in coordination with the relevant Chief of Mission, should
designate an employee to have primary responsibility for matters relating to
cyberspace and cybersecurity policy in each country or region that the
Secretary considers significant with respect to efforts of the United States
Government to combat cybersecurity
globally.
.
5.Authorization of
appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act and the amendments made by this Act.