Homeland Security Cyber Protection Act

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Modelworks

Lifer
Feb 22, 2007
16,240
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With all the problems we have in the country Washington seems hell bent on taking what little rights people have left.
http://www.govtrack.us/congress/bill.xpd?bill=h111-6423
http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/%7Ec111wZ8nOP::



There shall be in the Department an Office of Cybersecurity and Communications. The Assistant Secretary for Cybersecurity and Communications shall be the head of the Office. The Office shall include--the United States Computer Emergency Readiness Team, as in effect on the date of enactment of this section;the Cybersecurity Compliance Division established by subsection

There is established in the Office of Cybersecurity and Communications a Cybersecurity Compliance Division
Got to love any government agency with the name compliance division.


Develop and adopt a range of remedies, including penalties, for noncompliance of the requirements adopted under paragraph (2), each agency having one vote;

ADOPTION BY VOTE- Adoption of requirements and remedies under subparagraphs (B) and (C) of paragraph (2) shall be by a majority vote of the members of the interagency working group, in which each agency with a voting representative on the interagency working group has one vote.
The current rules a problem ? Well lets put it in the bill that we can change them anytime we want





FACTORS TO BE CONSIDERED- In designating systems or assets under this section, the Director shall consider cyber risks and consequences by sector, including--

the potential for the destruction or disruption of the system or asset to cause--

`(i) a mass casualty event with an extraordinary number of fatalities;

`(ii) severe economic consequences;

`(iii) mass evacuations with a prolonged absence; or

`(iv) severe degradation of national security capabilities, including intelligence and defense functions.
Perfect back door for the MPAA and RIAA to shut down anyone they accuse of violations. It is causing them severe economic issues .



While they are at it, need to make sure they have the manpower to do the job. Need a raise , threaten to quit.

Direct Hire Authority- Without regard to the civil service laws (other than sections 3303 and 3328 of title 5, United States Code), the Secretary, acting through the Assistant Secretary For Cybersecurity and Communications, in consultation with the Under Secretary for Management, may appoint not more than 500 employees under this subsection to carry out the requirements of this Act at a rate of pay that may not exceed the maximum rate of basic pay payable under section 5376 of title 5, United States Code, upon certification to the Congress that standard Federal hiring processes have not resulted in the required number of critical cybersecurity positions being filled.

(e) Retention Bonuses- Notwithstanding section 5754 of title 5, United States Code, the Director may pay a retention bonus under that section to any individual appointed under this section, if the Secretary, acting through Assistant Secretary for Cybersecurity and Communications, in consultation with the Under Secretary for Management, determines that, in the absence of a retention bonus, there is a high risk that the individual would likely leave employment with the Department. The Secretary shall submit a written explanation of this determination to Congress prior to announcing the use of this authority.
 
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Scotteq

Diamond Member
Apr 10, 2008
5,276
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Your search link has timed out, and 'thomas' will no longer provide. Is this the old HR2435 bill? A new version of it? Or something new?

Either way - Seems like something up the ACLU's alley.
 

drebo

Diamond Member
Feb 24, 2006
7,034
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As long as the bill has clear wording that this task force is for enforcement ONLY and has no capability to dictate policy, I don't necessarily have a problem with it (though it seems redundant with the FBI in that case).

Where the problem comes in is if the Executive Branch is given the ability to dictate policy with regards to "cybercrime". That's a big problem and should never happen.

At least they're going about the creation of this Office the right way and not dictating it through Executive Order, as has been the case in the past.

Still seems pointless in light of the fact that the FBI has an office dedicated to cybercrimes already.
 

Modelworks

Lifer
Feb 22, 2007
16,240
7
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Still seems pointless in light of the fact that the FBI has an office dedicated to cybercrimes already.

I agree. They want to make another branch of the government and the troubling part is this branch will have control over what a private business does without going through courts or regular legal means. If they tell and isp to shut down something or change something they have to do it or the fines are listed at up to $100,000 per day.
 
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