Cyber Intelligence Sharing and Protection Act

Floor Speech

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Mr. CUMMINGS. Madam Chair, although I am voting against the Cyber Intelligence Sharing and Protection Act of 2011 today, I recommend Representative C.A. ``Dutch'' Ruppersberger, the Ranking Member of the House Intelligence Committee, for his efforts to improve the bill significantly since its passage out of committee. He has been a leader in protecting our Nation against cyber attacks, and he has gone out of his way to make this bill as inclusive and bipartisan as possible. I want to thank him for the time he took to meet with me personally to discuss this legislation and ways to improve it going forward.

I oppose this bill in its current form for several reasons. First, the Republicans on the House Rules Committee refused to allow debate on an amendment offered by Representative Bennie Thompson, the Ranking Member of the House Committee on Homeland Security, to expand this legislation to protect our Nation's critical infrastructure.

In testimony before the House Intelligence Committee, then-CIA Director Leon Panetta called cybersecurity ``the battleground for the future.'' Our Nation's critical infrastructure--including power distribution, water supply, telecommunications, and emergency services--has become increasingly dependent on computerized information systems to manage their operations and to process, maintain, and report essential information. Any effort to address this national security threat must address our Nation's critical infrastructure.

In addition, the legislation includes several provisions that are problematic. For example, under the information-sharing provisions of the bill, private entities receive absolute immunity from criminal or civil liability for any harm that may result from a company's actions that stem from the sharing or receiving of cyber threat information as long as the company can show it was acting in good faith.

This bill would also create a new exemption to the Freedom of Information Act that is unwarranted since current law exemptions provide the flexibility necessary to protect sensitive information. The bill would prohibit agencies from disclosing ``cyber threat information,'' and it would hold the government liable for such disclosure. Unfortunately, an amendment offered on the floor did not sufficiently address these concerns.

Finally, the bill would allow companies to share private consumer data without adequate protections or oversight. Private entities would decide the type and amount of information to share with the Federal Government, and nothing in the bill would require companies to strip out unnecessary personally identifiable information. Again, an amendment offered on the floor did not go far enough to adequately address this issue.

I appreciate the great effort that went into pulling this bill together, but more work is needed before I can offer my support. It is critical that we protect Americans from cyber attacks, and I hope we can continue to improve this legislation as we move forward.

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