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Executive Summary: Executive Summary: Combating Foreign Combating Foreign Commercial Cyber Commercial Cyber
EspionageEspionageEvan Morris
George Mason UniversityNovember 20, 2013
OverviewOverview
•U.S. legislation combating espionage of commercial secrets•US Legislation mandating cyber security measures•Issues •Policy implementation•Q&A
Domestic Laws with Extraterritoriality
Economic Espionage Act of 1997
Private Right of Action Against Theft of Trade Secrets Act of 2013 (current)
International agreements against commercial espionage
TRIPS
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U.S. legislation mandating cyber-security programs
There are no blanket regulations that mandate the private sector from implementing cyber security programs
Cyber Security Act of 2013
FISMA 2002 (Most recently amended 2010)
IssuesIssues
•Inefficacy of FISMA: Process-oriented vs. Result-oriented (accountability failure)
•Static nature of regulatory law vs. the rapidly changing landscape of Cybersecuirty
•Policies which mandate Cybersecuirty reforms within the private sector
RecommendationRecommendation Revise the FISMA and
Cyber Security Acts
Monitor and penalize compliance failure
Allow for quickly adopting requirements within both laws without Congressional approval
Give the reins to a private contractor
Universal software requirements for all private companies
Information sharing between government and industry
Q&AQ&A