Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Does the Cybersecurity Information Sharing Act Come at A Cost?
Author: Scarinci Hollenbeck, LLC
Date: October 30, 2015
Key Contacts
Back
On October 27, 2015, the U.S. Senate passed the Cybersecurity Information Sharing Act (CISA), which is intended to address the increasing number of corporate data breaches.
However, critics of the Cybersecurity Information Sharing Act contend that the lack of privacy protections opens the door for wide scale government surveillance.
The stated goal of Cybersecurity Information Sharing Act is to promote information sharing regarding cyber threats impacting the private sector. Under the proposed legislation, federal agencies, such as the Department of Homeland Security, will alert businesses about potential threats. At the same time, businesses will share information about cyberattacks or data intrusions. Companies that participate in the program would be shielded from liability for violating privacy-protection or antitrust laws.
Civil liberties groups, privacy advocates, and technology companies, including Apple, Amazon, Microsoft and Google, vehemently oppose Cybersecurity Information Sharing Act in its current form. They maintain that the law fails to sufficiently protect users’ privacy or appropriately restrict how the federal government can use the information it receives. “The trust of our customers means everything to us and we don’t believe security should come at the expense of their privacy,” Apple wrote in a statement to the Washington Post.
Civil liberties groups are also concerned that corporations who participate in the program may not safeguard their customers’ privacy. “The incentive and the framework it creates is for companies to quickly and massively collect user information and ship it to the government,” according to Mark Jaycox, a legislative analyst for the Electronic Frontier Foundation. “As soon as you do, you obtain broad immunity, even if you’ve violated privacy law.”
On the other side, Cybersecurity Information Sharing Act supporters argue that the statute will not be used to enable government surveillance, and is a necessary tool to stem the growing tide of corporate data breaches. They note that the program will technically be voluntary and that companies are required to remove personally identifiable information from any data shared with the government.
“I still say today to those folks in this institution and outside this institution that are concerned with privacy, I think [Senator Dianne Feinstein] and I have bent over backwards to accommodate concerns,” Senate Intelligence Committee chair Richard Burr stated during the Senate debate. “Some concerns still exist. We don’t believe they’re necessarily accurate, and only by utilizing this system will we understand if we’ve been deficient anywhere.”
The Senate passed Cybersecurity Information Sharing Act by a vote of 74 to 21 without addressing the privacy concerns, and the House of Representatives passed a similar version of the legislation earlier this year. Therefore, it is likely that a compromise bill will be on the President’s desk soon. We will continue to track the status of the legislation and post updates as they become available.
If you have any questions about the Cybersecurity Information Act please contact me, Fernando M. Pinguelo
###
Additional information and resources:
Cyber Security & Data Protection Law Group:
Crisis & Risk Management: https://scarincihollenbeck.com/practices/crisis-risk-management/
eDiscovery:
Related Articles:
Cyber Insecurity: Ashley Madison Encrypted Passwords Cracked
What is Cyber Security? It Starts With Cryptology
Bad Google, Bad Google. Whatcha Gonna Do When They Come For You?
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Does the Cybersecurity Information Sharing Act Come at A Cost?
Author: Scarinci Hollenbeck, LLC
On October 27, 2015, the U.S. Senate passed the Cybersecurity Information Sharing Act (CISA), which is intended to address the increasing number of corporate data breaches.
However, critics of the Cybersecurity Information Sharing Act contend that the lack of privacy protections opens the door for wide scale government surveillance.
The stated goal of Cybersecurity Information Sharing Act is to promote information sharing regarding cyber threats impacting the private sector. Under the proposed legislation, federal agencies, such as the Department of Homeland Security, will alert businesses about potential threats. At the same time, businesses will share information about cyberattacks or data intrusions. Companies that participate in the program would be shielded from liability for violating privacy-protection or antitrust laws.
Civil liberties groups, privacy advocates, and technology companies, including Apple, Amazon, Microsoft and Google, vehemently oppose Cybersecurity Information Sharing Act in its current form. They maintain that the law fails to sufficiently protect users’ privacy or appropriately restrict how the federal government can use the information it receives. “The trust of our customers means everything to us and we don’t believe security should come at the expense of their privacy,” Apple wrote in a statement to the Washington Post.
Civil liberties groups are also concerned that corporations who participate in the program may not safeguard their customers’ privacy. “The incentive and the framework it creates is for companies to quickly and massively collect user information and ship it to the government,” according to Mark Jaycox, a legislative analyst for the Electronic Frontier Foundation. “As soon as you do, you obtain broad immunity, even if you’ve violated privacy law.”
On the other side, Cybersecurity Information Sharing Act supporters argue that the statute will not be used to enable government surveillance, and is a necessary tool to stem the growing tide of corporate data breaches. They note that the program will technically be voluntary and that companies are required to remove personally identifiable information from any data shared with the government.
“I still say today to those folks in this institution and outside this institution that are concerned with privacy, I think [Senator Dianne Feinstein] and I have bent over backwards to accommodate concerns,” Senate Intelligence Committee chair Richard Burr stated during the Senate debate. “Some concerns still exist. We don’t believe they’re necessarily accurate, and only by utilizing this system will we understand if we’ve been deficient anywhere.”
The Senate passed Cybersecurity Information Sharing Act by a vote of 74 to 21 without addressing the privacy concerns, and the House of Representatives passed a similar version of the legislation earlier this year. Therefore, it is likely that a compromise bill will be on the President’s desk soon. We will continue to track the status of the legislation and post updates as they become available.
If you have any questions about the Cybersecurity Information Act please contact me, Fernando M. Pinguelo
###
Additional information and resources:
Cyber Security & Data Protection Law Group:
Crisis & Risk Management: https://scarincihollenbeck.com/practices/crisis-risk-management/
eDiscovery:
Related Articles:
Cyber Insecurity: Ashley Madison Encrypted Passwords Cracked
What is Cyber Security? It Starts With Cryptology
Bad Google, Bad Google. Whatcha Gonna Do When They Come For You?