Cybersecurity measures take center stage in the latest national defense bill: an analysis of potential implications for the private sector.
The National Defense Authorization Act (NDAA) Conference Committee finalized its FY2021 bill on Thursday, marking a significant milestone for the incoming Joe Biden administration. The bill, which includes more than 50 cyber provisions and 26 recommendations made by the Cyberspace Solarium Commission (CSC) in its inaugural report this year, presents a two-month deadline for the new administration to handle a vetoed bill by the outgoing Trump administration.
One of the key recommendations adopted in the NDAA is the establishment of the Joint Cyber Planning Office, which is expected to play a crucial role in greater planning for cybersecurity. Additionally, the creation of a National Cyber Director role will address contingency planning, particularly for the 85% of critical infrastructure owned by the private sector.
The Joe Biden administration is anticipated to grapple with the technology relationship with China, an issue that has been a point of contention in recent years. The U.S.'s ability to remain innovative and economically competitive is contingent upon companies' ability to work internationally, but concerns over intellectual property theft, such as the estimated $225 billion to $600 billion lost in U.S.-owned intellectual property (IP) due to theft from China in 2017, loom large.
The National Cyber Director, if confirmed, will be a credible figure within the community, capable of speaking to the public, government, and engaging the president. This role is essential, as the National Cyber Director will be the person who can engage the president in the event of a national cyber crisis.
The CSC's recommendation for creating a biennial national cyber exercise acknowledges the "cyber interaction in a suite of different agencies." This exercise is designed to strengthen the U.S.'s cyber defenses and resilience, a crucial step towards remedying areas of distrust and constructing a more resilient cyber infrastructure, regardless of sector.
Cybersecurity fits nicely into nonpartisanship, as shown by the NDAA's historically bipartisan vote count, resulting in an 86-14 majority in the Senate. However, the absence of the Section 230 revision, a point of contention for the outgoing president, was a significant factor in Trump's decision to veto the bill.
It's worth noting that about 12 adopted recommendations directly or indirectly request private sector cooperation. The role of the private sector in cybersecurity will be crucial in the coming months as the Joe Biden administration navigates the challenges posed by the NDAA's provisions.
In conclusion, the NDAA presents a significant opportunity for the Joe Biden administration to strengthen the U.S.'s cybersecurity posture. The incoming administration will need to balance the need for international cooperation with concerns over intellectual property theft, while ensuring the private sector plays a role in protecting critical infrastructure. The success of these efforts will be key to maintaining the U.S.'s competitive edge in an increasingly digital world.
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