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Public Statements

Cyber Intelligence Sharing and Protection Act

Floor Speech

By:
Date:
Location: Washington, DC

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Ms. JACKSON LEE. Let me thank the chairman and the ranking member for the work that they have done in getting us here today and in crafting the legislation, and I thank the Rules Committee for making what I think is a very important amendment in order. I thank this process for allowing clarifying amendments because we are here representing the American people.

Mr. Chair, my amendment is straightforward. It improves the bill by indicating that:

Nothing in this Act or the amendments made by this Act shall be construed to provide authority to a department or agency of the Federal Government to require a cybersecurity provider that has contracted with the Federal Government to provide information services to provide information about cybersecurity incidents that do not pose a threat to the Federal Government.

We want to be concerned about that.

It makes it clear that the only instance in which a cloud service provider can share information about a cyber incident with a government agency is when the objective of an attempted intrusion of the service provider's network was to gain unauthorized access to the government's information.

I am pleased to state that this commonsense amendment is supported by a number of groups, including Constitutional Alliance, The Constitution Project, Liberty Coalition, and the ACLU.

In other words, if a cyber incident does not threaten the government's information, then the incident is none of the government's need to intrude, and this is especially true when disclosure to the government would compromise an individual's privacy and proprietary information of businesses.

Mr. Chairman, today, something commonly called the ``cloud'' plays an unseen but critical part in the lives of millions of Americans and thousands of businesses. Persons and businesses that use iPhones, Gmail, Yahoo!, and MSN email services are connected to the cloud. This, of course, does not in any way hinder our homeland security or national security. Cloud services include popular online services like Facebook and YouTube. The cloud is saving consumers and businesses from the loss of valuable data through storage services, and when you speak to our industries, they are protected.

This is the cloud--all private sector. They are not intruded upon, but add the government--if the government comes in and decides just without any clarification that we'll give your information to others without it being necessary, without it being government information, without it being related to government operations, my amendment protects you in the private sector from that kind of intrusion.

So I believe that this amendment will protect commerce. These are well-known names. This is who this amendment will protect--all of those who are generating commerce in the midst of cloud computing.

Mr. Chairman, cloud computing is such an important innovation that it is changing how people, businesses, and government agencies manage information. The Jackson Lee amendment recognizes the importance of cloud computing to our economy, and it is consistent with the objectives of the bill while ensuring that the privacy and civil liberties rights of citizens are protected.

Again, they are doing business with each other. Once we put in the government, the question has to be whether or not the government transmits information that is not necessary. My amendment protects consumers and businesses that are in the midst of providing and helping in their lives to make sure that users have their privacy. The cloud allows users seamless access to information from any location in the United States where the Internet is accessible and available. My amendment protects them and is ready to help clarify this bill, and I ask my colleagues to support this amendment.

Mr. Chair, I yield to the ranking member of the committee, the distinguished gentleman from Maryland.

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Ms. JACKSON LEE. Again, I say that the cloud is saving consumers and businesses from the loss of valuable data. The Jackson Lee amendment adds to the firewall of protecting Americans' privacy and, in the flow and the discourse of business, of protecting the privacy of our businesses that do not have data that is necessary for the government's information. That should be said over and over again.

I thank both the ranking member and the chairman for their kind remarks, and I ask my colleagues to support the Jackson Lee amendment that provides, again, the firewall of privacy.

With that, Mr. Chairman, I ask support of my amendment, and I yield back the balance of my time.

Mr. Chairman, I want to thank Chairman ROGERS and Ranking Member RUPPERSBERGER for the work in crafting this legislation and the Rules Committee for making my amendment in order.

Mr. Chairman, my amendment is straightforward. It improves the bill by providing that:

Nothing in this Act or the amendments made by this Act shall be construed to provide authority to a department or agency of the Federal Government to require a cybersecurity provider that has contracted with the Federal Government to provide information services to provide information about cybersecurity incidents that do not pose a threat to the Federal Government's information.

Mr. Chairman, the Jackson Lee amendment makes clear that the only instance in which a cloud service provider can share information about a cyber incident with a government agency is when the objective of an attempted intrusion of the service provider's network was to gain unauthorized access to the government's information.

Mr. Chairman, I am pleased to state that this commonsense amendment is supported by interested groups across the spectrum, from the ACLU on the left to the Constitutional Alliance on the right.

In other words, if a cyber incident does not threaten the government's information, then the incident is none of the government's business.

And this is especially true where disclosure to the government would compromise individuals' privacy and proprietary information of businesses.

Mr. Chairman, today something commonly called ``the Cloud'' plays an unseen but critical part in the lives of millions of Americans and thousands of businesses. Persons and businesses who use iPhones or use Gmail, Yahoo and MSN e-mail services are connected to the Cloud.

Cloud services include popular online services like Facebook, YouTube, ``LinkedIn'' (a professional networking service) and ``Flickr'' (a place where millions of personal and family photos are stored).

The Cloud is saving consumers and businesses from the loss of valuable data through storage services like the popular Apple iCloud. The Cloud protects digital information from loss should their computer or smart phone be damaged, lost or stolen. The Cloud also allows users seamless access to information from any location in the United States where internet access is available.

Mr. Chairman, "cloud computing'' is such an important innovation that it is changing how people, businesses, and government agencies manage information.

The Jackson Lee amendment recognizes the importance of ``cloud computing'' to our economy and is consistent with the objectives of the bill while assuring that privacy and civil liberty rights of citizens are protected.

This is an important amendment, and I urge my colleagues to support it.

ORGANIZATIONS ENDORSING JACKSON LEE AMENDMENT

ACLU

Constitutional Alliance

Stop Real ID Coalition

The Constitution Project

The Liberty Coalition

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Ms. JACKSON LEE. Mr. Chair, I am in support of the amendment offered by Intelligence Committee Chairman Rogers, Congressman McCaul and Homeland Security Ranking Member Thompson to H.R. 624, the Cyber Intelligence Sharing and Protection Act of 2013. This is very similar to the amendment I offered before the Rules Committee, but was not made in order. I am pleased that the focus of my amendment is addressed by this amendment that was made in order.

This amendment just as I outlined in my amendment offered to the Rules Committee would establish a lead role for the Department of Homeland Security--a civilian agency in matters related to cyber security threats. DHS would be the agency to receive all cyber threat information. This amendment designates the Department of Justice (DOJ) as the civilian entity to receive cyber threat information related to cybersecurity crimes.

These changes make clear that DHS and the DOJ will serve as points of entry for those seeking to share cybersecurity threat information with the federal government.

The amendment also requires the Secretary of DHS, the Attorney General, the Director of National Intelligence, and the Secretary of Defense to establish procedures to eliminate any personal information from cyber threat information shared with the federal government. Cyber threat information shared with the government from any source will be scrubbed of any personally identifiable information and deleted--this is also known as ``minimization.''

Every agency receiving cyber threat information must notify these four agencies, and Congress of significant violations of the procedures required by the bill. These agencies must also establish a program to oversee compliance with the minimization procedures.

The importance of a civil agency in a central role regarding the establishment and functions of domestic cyber protection programs is critical to building in the transparency, accountability and oversight the American public expects. I am in strong support of this amendment and thank my colleagues for their efforts to address the concerns of many of our constituents as we work to assure the Internet is as safe as it can be and that we maintain the level of oversight that is needed.

This is an important amendment, and I urge my colleagues to support it.

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