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This Week's WHAT: Cyber Legislation, NGA Meeting, E-rate Reform, and More!

By Mitch Herckis posted Jul 14,2014 10:41 AM

  

The World Cup ended yesterday (props to Germany, although I was rooting for Messi and Argentina), but did you know that tomorrow is the LAST day you can submit a comment on the FCC’s net neutrality plan? As of Friday, the FCC had received more than 647,000 comments.  If you'd like to join the crowd, the FCC established an inbox for comments at openinternet@fcc.gov after a rush of commenters may have led to a crash of their website last month. (Editorial note: you will still be able to post reply comments on net neutrality for another 2 months, so plenty of time to respond to other's thoughts!). On to the news...

Key Takeaway: U.S. Senate Focuses on Cyber
After stalling for some time, several key committees in the Senate have reviewed and approved cybersecurity bills.  Perhaps most prominently, the Senate Select Intelligence Committee approved the Cybersecurity Information Sharing Act of 2014, which is focused on real-time information sharing between the private and public sector. It would direct the Departments of Defense and Homeland Security to develop processes to share classified and unclassified cyber threat information with cleared individuals in the private sector. The authors of the draft bill included privacy and civil liberty restraints, such as making the information only usable for cybersecurity concerns and requiring that it be stripped of any personally identifiable information (PII), to allay some of the concerns that civil liberty and privacy advocates expressed about the Cyber Intelligence and Sharing Protection Act (CISPA). Despite the

changes, there are organizations and Senators that have expressed concerns that the changes do not do enough to protect americans’ privacy. More information on CISA available here and here.

In addition, the Senate Homeland Security and Government Affairs Committee approved two cybersecurity bills. The National Cybersecurity and Communications Integration Center (NCCIC) Act of 2014 (S 2519) would provide official congressional authorization to the NCCIC, which serves as the central clearinghouse for sharing cybersecurity information between federal, state, and local governments and the private sector. Providing official congressional authorization raises the NCCIC’s profile and cements its role long-term as a the federal center for expertise, sharing, and response when cyber and telecommunications national security issues occur.  States typically work with the NCCIC through the Multi-State Information Sharing and Analysis Center (MS-ISAC), which has personnel seated in the NCCIC.

The Federal Information Security Modernization Act of 2014 (S 2521), would modify and modernize FISMA, which requires annual information security reviews for federal agencies, and requires similar reviews of those who receive grants from them.  The new law would improve the act in multiple ways.  First, it would encourage the use of more active approaches to cybersecurity such as continuous diagnostic monitoring, rather than a post-mortem report.  More importantly for states, S 2521 empowers the Department of Homeland Security to issue "binding operational directives," surrounding information security.  In the long term, this authority could go a long way towards standardizing how states that receive grants from multiple federal agencies implement security on their systems.

This focus on the Senate shouldn’t take away anything from the work the House of Representatives has done on this issue. Many of these actions, such as modernizing FISMA, have already been approved in the House. Unfortunately, concerns around information sharing and civil liberties have stalled even the least controversial actions from clearing both chambers.

Other Buzz

NGA Meets, Chooses New Leadership

If it was quiet around the Capitol the last few days, it could be because your Governor was in Nashville for the National Governors Association’s (NGA) Annual Meeting. NGA chose new leadership with Colorado Gov. John Hickenlooper officially becoming the new chair for the organization, and Utah Gov. Gary Herbert named vice chair.  Together, they announced a yearlong initiative, “Delivering Results, which aims to make state government work in the most efficient, cost-effective way possible through innovative management and hiring practices, new and emerging technologies, governmental process improvement and appropriate regulation.” NGA’s focus on the use of data analysis and technological innovation may be significant for NASCIO and state CIOs, as it will help shine a spotlight on best practices and emerging techniques that could improve state government.

NASCIO President Craig Orgeron and Executive Director Doug Robinson were in attendance. If you want to catch the highlights, you can play the home game by watching clips on
C-SPAN. NGA’s Press Release can be found here.

WIOA Passes Both Chambers
A major overhaul to the Workforce Investment Act (WIA) has passed both chambers and is headed for the President’s desk, where it is expected to be signed.  As I mentioned two weeks ago, the bill calls for major changes in the state information systems surrounding job training and related support. Check out what we know so far here. NASCIO will be reaching working with stakeholders and reaching out to federal officials after the bill passes.


FCC E-rate Order Promotes Wi-Fi, Reforms

At Friday’s FCC Open Meeting, the Commission passed reforms to the E-rate program that didn’t go as far as initially proposed, but provided a significant boost in funding for upgrading school and library Wi-Fi networks and a package of reforms that includes incentives for consortia and bulk purchasing, and streamlines the process for multi-year applications.  NASCIO is still reviewing the order, but is pleased that the Commission has taken steps to reform the program and support more efficient use of E-rate funds.  

The FCC also released a Further Notice of Proposed Rulemaking that looks to further reforms, including “further steps to facilitate the use of cost-effective consortium-based purchasing.”  More on the order and NASCIO’s thoughts coming to the blog soon. In the meantime, check out NASCIO’s previous filings with the FCC on E-rate (here and here), and the links to the FCC Order and associated documents on fcc.gov.

 

Your Weekly Techbytes:

NASBO's New Study: Investing in Results - Using Performance Data to Inform State Budgeting

FCC Launches Rural Broadband Expansion Experiments

Chinese Hackers Pursue Key Data on U.S. Workers

Password Protected: States Pass Anti-Snooping Laws

PSCR Discussion on the local-control aspect of proposed FirstNet LTE system

Big cyber hack of health records is 'only a matter of time'

3 Myths Of Police Data Integration, Debunked

Real-Time Analytics: The Key to Keeping Pace With Big Health Data

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