This summary of President Obama's new Cybersecurity legislative proposal and other cybersecurity efforts is somewhat vague but interesting in its specific mention of the botnets which are a hot topic as a threat to privacy and cyber security. It reads: "law enforcement must have appropriate tools to investigate, disrupt and prosecute cyber crime. The Administration’s proposal contains provisions that would allow for the prosecution of the sale of botnets, would criminalize the overseas sale of stolen U.S. financial information like credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk or commit ID theft, and would give courts the authority to shut down botnets engaged in distributed denial of service attacks and other criminal activity."
The proposal rather sensibly attempts to harmonise the rules across all states into a federal law. It will be interesting to see how the details of the proposed legislation measure up to the European data protection and cyber security legislative regime.
The Administration’s proposal would also safeguard Americans’ personal privacy by requiring private entities to comply with certain privacy restrictions such as removing unnecessary personal information and taking measures to protect any personal information that must be shared in order to qualify for liability protection. The proposal further requires the Department of Homeland Security and the Attorney General, in consultation with the Privacy and Civil Liberties Oversight Board and others, to develop receipt, retention, use, and disclosure guidelines for the federal government.