[Congressional Record: July 27, 2010 (Senate)]
[Page S6265-S6266]
CYBERSECURITY
Mr. WHITEHOUSE. Madam President, I will speak about a topic that is
central to our national security and economic prosperity and which gets
far too little notice and attention; that is, the vulnerability of
America's network information systems, and the economic danger and
national security risks we face from cyber-theft, cyber-piracy, and
cyber-attack.
We live in a wired society. If we sever those wires and the social,
economic, and communications linkages that make our way of life
possible, we will cease to function. I am gravely concerned that we are
not taking the necessary steps to guard against this threat, which I
believe is the greatest unmet national security need facing the United
States.
Earlier this month, the Intelligence Committee Cyber Task Force
submitted a classified final report to the chair and vice chair of the
Intelligence Committee. It was an honor to chair this bipartisan
initiative and to serve with my distinguished colleagues, Senator
Mikulski and Senator Snowe. I thank them for their diligence, their
leadership, and their important contributions to this effort. They were
excellent and we made a good team.
We spent 6 months investigating cybersecurity threats and our current
posture for countering those threats, with a particular focus on the
intelligence community. It was a very sobering experience.
There is a concerted and systematic effort underway by nation states
to steal our cutting edge technologies. At the same time, criminal
hacker communities are conspiring to penetrate financial industry
networks, rob consumers of their personal data, and transform our
personal computers into botnet zombies that can spread malware and
chaos.
It is difficult to put a precise dollar figure on the damage and loss
these malicious activities are causing, but it is safe to say it
numbers in the many tens of billions of dollars--perhaps as high as $1
trillion.
I believe we are suffering what is probably the biggest transfer of
wealth through theft and piracy in the history of mankind.
In addition, we face the risk of attacks--attacks designed to disable
critical infrastructure, with grave potential harm to our national
security and to our financial, communications, utility, and
transportation sectors.
The intelligence community is keenly aware of the threat and is doing
all it can within existing laws and authorities to counter it. The bad
news is the rest of our country--including the rest of the Federal
Government--is not keeping pace with the threat.
I am encouraged by the growing interest in Congress, where there are
now more than 40 bills pertaining to cyber. I want to commend Senator
Rockefeller and Senator Snowe, in particular, for being at the leading
edge of the Senate's efforts. They have spent more than a year fine-
tuning their legislation, which speaks of their commitment to
protecting the country and their recognition that we cannot reduce our
vulnerabilities without careful study and thoughtful engagement.
Much of the current debate on cybersecurity in the Congress focuses
on executive branch organization dealing with this threat. This is
obviously an important issue, and it is one that we must resolve sooner
rather than later. But the question of how this all gets organized
within the executive branch is merely one of the many problem areas we
saw during the course of the work of the task force.
What are these other areas? Well, first of all, an overarching issue,
we must raise the public's awareness about cyber-threats; otherwise, we
face an uphill battle trying to legislate in this challenging and
sensitive policy sphere.
What is the problem? Well, threat information affecting the dot.gov
and dot.mil domains is largely classified--often very highly
classified--and entities in the dot.com, dot.net, and dot.org domains
often consider threat information to be proprietary and disclosing it
could be a risk to their business. So the result overall is that the
public knows very little about the size and scope of the threat their
Nation faces.
If the public knew the stakes--knew the cyber-criminals, for example,
have pulled off bank heists that would make Willie Sutton, Bonnie and
Clyde, and the James Gang look like a bunch of petty thieves, they
would demand swift action. If they knew the extent of the cyber-piracy
against our intellectual property, and the economic loss that has
resulted, the public would demand swift action. If they knew how
vulnerable America's critical infrastructure is and the national
security risk that has resulted, they would demand action. It is hard
to legislate in a democracy when the public has been denied so much of
the relevant information.
The first key point is public awareness. We have to share more
information with the public about what is going on out there.
Second, we need to establish basic rules of the road. One of the
signal features of our cybersecurity risk profile is that the
overwhelming majority of malicious cyber-activity could be prevented if
some computer users installed simple antivirus protections and allowed
automatic updates of their software.
If we followed basic rules of the road, there would be a national
security advantage: The Federal Government could focus its
cybersecurity efforts on that narrower subset of threats that can evade
commercial, off-the-shelf technology. There would be economic advantage
from the potentially massive reduction in cyber-crimes, such as
identity theft and credit card fraud.
Third, we need to empower the private sector to adopt a more
proactive stance against cyber-threats. I am from Rhode Island. My
State was founded as a sea trading State. When our traders were
attacked by pirates, they got out their guns and fought back. Under
current law, companies under cyber-attack can do little more than
batten down the hatches. We need to look for more ways to help American
companies better defend themselves.
Our courts provide one option. Creative technical experts and smart
lawyers at Microsoft were able to mount a very impressive counterattack
against the Waledac botnet by obtaining a Federal court order requiring
that VeriSign, the domain name registrar, cut off domains associated
with the botnet. This disrupted the botnet's command-and-control
function, and it highlights an important possible role for our judicial
branch.
Additionally, we need to establish lawful and effective means for
industry sectors to band together with one another and engage with each
other in
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common defense strategies and information sharing where appropriate
with the government. There are some early examples, such as the defense
industrial base, that merit commendation, which we should encourage.
But it is still pretty primitive.
Fourth, we must ensure that the Federal Government has the
authorities and capabilities necessary to protect our American critical
infrastructure against cyber-attack. If a bank, for instance, runs into
a solvency problem, there is an established and widely accepted
procedure for Federal intervention to protect the bank depositors,
stand the bank back up, get it back on its feet, and move back out
again.
There is no similar procedure if that bank or American critical
infrastructure, such as an electric utility, is failing due to an
ongoing cyber-attack. There needs to be clear, lawful processes for the
private sector to request technical assistance and clear authority for
the government to act when a cyber-incident raises significant risk to
American lives and property.
It gets a little bit more complicated than that because you cannot
just call 911, such as when there is a fire, and have the government
come and put out the fire when it is a cyber-attack. Cyber-attacks
happen literally at the speed of light.
The best defense against cyber-threats, particularly the most
dangerous cyber-threats, requires speed-of-light awareness and
response. For this reason, it is worth considering whether some
defensive capabilities should be prepositioned in order to better
protect the Nation's most critical private infrastructure.
During medieval times, critical infrastructure, such as water wells
and graineries, were inside the castle walls, protected as a precaution
against enemy raiders. Can certain critical private infrastructure
networks be protected now within virtual castle walls in secure domains
where those prepositioned offenses could be both lawful and effective?
This would, obviously, have to be done in a transparent manner,
subject to very strict oversight. But with the risks as grave as they
are, this question cannot be overlooked.
Fifth, we need to put more cyber-criminals behind bars. Law
enforcement engagement against cyber-crime needs to be considerably
enhanced at multiple levels, reporting, resources, prosecution
strategies, and priority. A lot more folks need to go to jail.
Finally, we must more clearly define the rules of engagement for
covert action by our country against cyber-threats. This is an
especially sensitive subject and highly classified. But for here, let
me simply say that the intelligence community and the Department of
Defense must be in a position to provide the President with as many
lawful options as possible to counter cyber-threats, and the executive
branch must have the appropriate authorities, policies, and procedures
for covert cyber-activities, including how to react in real time when
the attack comes at the speed of light. This all, of course, must be
subject to very vigilant congressional oversight.
Uniquely in the world and uniquely in our own history, America's
economy and government now depend on networked information technologies
for Americans to communicate with each other, keep the trains running
on time and the planes flying safely, keep our lights on, and power our
daily lives.
The expansion of this powerful new technology across our great
country also makes us uniquely vulnerable to cyber-threats. We have to
do a lot better as a nation on cybersecurity. I believe we can do
better. I know we must do better. Frankly, we cannot afford not to do
better.
I hope these remarks and the structure they have provided helps
provide assistance to my colleagues as we begin debating and resolving
these important issues.
I yield the floor. I see my distinguished colleague from Minnesota
prepared to speak.
The ACTING PRESIDENT pro tempore. The Senator from Minnesota.
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