[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4021 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4021

   To reduce the ability of terrorists, spies, criminals, and other 
 malicious actors to compromise, disrupt, damage, and destroy computer 
  networks, critical infrastructure, and key resources, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2010

 Mr. Cardin (for himself and Mr. Whitehouse) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To reduce the ability of terrorists, spies, criminals, and other 
 malicious actors to compromise, disrupt, damage, and destroy computer 
  networks, critical infrastructure, and key resources, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet and Cybersecurity Safety 
Standards Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Computers.--Except as otherwise specifically provided, 
        the term ``computers'' means computers and other devices that 
        connect to the Internet.
            (2) Providers.--The term ``providers'' means Internet 
        service providers, communications service providers, electronic 
        messaging providers, electronic mail providers, and other 
        persons who provide a service or capability to enable computers 
        to connect to the Internet.
            (3) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) While the Internet has had a profound impact on the 
        daily lives of the people of the United States by enhancing 
        communications, commerce, education, and socialization between 
        and among persons regardless of their location, computers may 
        be used, exploited, and compromised by terrorists, criminals, 
        spies, and other malicious actors, and, therefore, computers 
        pose a risk to computer networks, critical infrastructure, and 
        key resources in the United States. Indeed, users of computers 
        are generally unaware that their computers may be used, 
        exploited, and compromised by others with spam, viruses, and 
        other malicious software and agents.
            (2) Since computer networks, critical infrastructure, and 
        key resources of the United States are at risk of being 
        compromised, disrupted, damaged, or destroyed by terrorists, 
        criminals, spies, and other malicious actors who use computers, 
        Internet and cybersecurity safety is an urgent homeland 
        security issue that needs to be addressed by providers, 
        technology companies, and persons who use computers.
            (3) The Government and the private sector need to work 
        together to develop and enforce minimum Internet and 
        cybersecurity safety standards for users of computers to 
        prevent terrorists, criminals, spies, and other malicious 
        actors from compromising, disrupting, damaging, or destroying 
        the computer networks, critical infrastructure, and key 
        resources of the United States.

SEC. 4. COST-BENEFIT ANALYSIS.

    (a) Requirement for Analysis.--The Secretary, in consultation with 
the Attorney General and the Secretary of Commerce, shall conduct an 
analysis to determine the costs and benefits of requiring providers to 
develop and enforce minimum Internet and cybersecurity safety standards 
for users of computers to prevent terrorists, criminals, spies, and 
other malicious actors from compromising, disrupting, damaging, or 
destroying computer networks, critical infrastructure, and key 
resources.
    (b) Factors.--In conducting the analysis required by subsection 
(a), the Secretary shall consider all relevant factors, including the 
effect that the development and enforcement of minimum Internet and 
cybersecurity safety standards may have on homeland security, the 
global economy, innovation, individual liberty, and privacy.

SEC. 5. CONSULTATION.

    In conducting the analysis required by section 4, the Secretary, in 
consultation with the Attorney General and the Secretary of Commerce, 
shall consult with relevant stakeholders in the Government and the 
private sector, including the academic community, groups, or other 
institutions, that have scientific and technical expertise related to 
standards for computer networks, critical infrastructure, or key 
resources.

SEC. 6. REPORT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a final report on the results of the analysis 
required by section 4. Such report shall include the consensus 
recommendations, if any, for minimum voluntary or mandatory Internet 
and cybersecurity safety standards that should be developed and 
enforced for users of computers to prevent terrorists, criminals, 
spies, and other malicious actors from compromising, disrupting, 
damaging, or destroying computer networks, critical infrastructure, and 
key resources
    (b) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation, 
        the Committee on Homeland Security and Governmental Affairs, 
        and the Committee on the Judiciary of the Senate; and
            (2) the Committee on Energy and Commerce, the Committee on 
        Homeland Security, the Committee on the Judiciary, and the 
        Committee on Oversight and Government Reform of the House of 
        Representatives.
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