Patriot Act Reauthorization Debate Delays Cybersecurity Legislation

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In This Issue:

- Industry Liability Protections and Standards

- Legislative Timeframe

- Additional Notification Bill Expected

- Conclusion

- For More Information

- Excerpt from Industry Liability Protections and Standards:

Both NCPAA and the PCNA contain liability protection for non-federal entities that share information. NCPAA’s language is stronger than PCNA. The NCPAA includes language that protects non-federal entities from liability in any civil or criminal action for sharing cyber threat indicators or defensive measures, unless the entity engaged in willful misconduct. Civil liberty groups contend the bills’ definition of a defensive measure is vague and does not clearly indicate what type of action a private company may take against the source of a cyber attack.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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