Long title | To amend the Homeland Security Act of 2002 to authorize the National Computer Forensics Institute, and for other purposes. |
---|---|
Announced in | the 115th United States Congress |
Sponsored by | U.S. Rep. John Ratcliffe (R-TX) |
Number of co-sponsors | 18 |
Legislative history | |
|
The Strengthening State and Local Cyber Crime Fighting Act of 2017 (H.R. 1616) is a bill introduced in the United States House of Representatives by U.S. Representative John Ratcliffe (R-Texas). The bill would amend the Homeland Security Act of 2002 to authorize the National Computer Forensics Institute, with the intent of providing local and state officials with resources to better handle cybercrime threats. [1] Ratcliffe serves as the current chairman of the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection. [2]
The bill was passed by the House with a roll call vote of 408-3 after forty minutes of debate. Between its introduction and approval, the bill was referred to the Committee on the Judiciary, the Committee on Homeland Security, the Subcommittee on Transportation and Protective Security, and the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. [3]
The bill has a total of 18 cosponsors, including 17 Republicans and one Democrat. [4]
Ratcliffe introduced the bill because he believes that local and state level law enforcement entities should be better equipped to handle emerging cyber threats in order to protect communities. He expressed concern that in today's world, traditional evidence of crimes, like DNA samples, might not be enough to solve cases, because criminals are more frequently breaking the law and leaving behind traces on the internet. In March 2017, Ratcliffe said, "Cyber elements add layers of complexity to the crimes our local law enforcement officers face every day ‒ and we've got to make sure they have access to the training they need to address this trend." [5]
As of July 2017, the Senate has not yet considered the bill, [6] although Senators Chuck Grassley (R-Iowa), Dianne Feinstein (D-California), Richard Shelby (R-Alabama), Sheldon Whitehouse (D-Rhode Island), and Luther Strange (R-Alabama) introduced a companion bill. [7]
Senator Grassley, current Senate Judiciary Committee Chairman, supported the role of the National Computer Forensics Institute and the purpose of Ratcliffe's bill, saying the center gives officials the capacity to "dust for 'digital fingerprints' and utilize forensics to gather evidence and solve cases." [2]
As the internet has grown increasingly dominant in communications, business, and daily life, cybercrime has become a more dangerous threat to privacy and safety of both public and private entities. Americans recognize this issue, as they identified cyberattacks as the second most concerning global threat to the nation in a May 2016 survey conducted by Pew Research.
The federal government has fallen victim to cyber attacks numerous times, especially in recent years. A 2016 report from the Government Accountability Office that included a survey of two dozen federal agencies found that cyberattacks exploded in frequency by 1,300 percent over the course of a decade, with 5,500 in 2006 to as many as 77,000 in 2015. The report listed eighteen of the agencies as operators of "high-impact systems", meaning that leaks could cause "catastrophic harm" to particular individuals, the government, or the general public. [8]
In May 2015, hackers accessed tax returns of over 300,000 people during an attack on the Internal Revenue Service, which led to the distribution of over $50 million in fraudulent refunds. Since 2007, federal agencies have dealt with at least a dozen attacks on their systems. Social Security information, home addresses, health records, and other personal data has been stolen from millions of people, including elected officials. [9]
Hackers from foreign countries have played a significant role in cyber attacks against the United States. The FBI, CIA, NSA and the Office of the Director of National Intelligence agreed that Russian hackers were behind an infiltration of the Democratic National Committee's data during the 2016 United States presidential election. [10] [11]
NBC News obtained a document from the National Security Agency that detailed a five-year period of Chinese hacking of government information, which ended in 2014. [9]
Private groups and businesses have also been damaged by cybercrime. Cyberattacks cost American companies more than $15 million per year. The United States loses 500,000 jobs on an annual basis due to cyberattacks. More than 50 percent of all cyberattacks are launched against American companies, leading to a loss of $100 billion in the economy each year. A Citibank ATM server attack in 2008 lead to the loss of $2 million, and a Sony hack in 2014 lead to the loss of $15 million. In 2014 alone, 44% of all small businesses in the United States were attacked, which resulted in affected companies losing an average of $8,700 each. [12]
Ratcliffe and supporters of the bill aim to better equip all levels of the government to handle the increasing cyber threats that challenge both the government and American businesses and private citizens. U.S. Representative Dan Donovan (R-NY), who voted in favor of the bill, said, "It's critical that our law enforcement agencies have the information and training they need to respond to threats. This legislation will help increase coordination between the brave men and women who defend us on the local, state, and federal level and ensure that they have the tools needed to protect the homeland." [6]
The National Computer Forensics Institute has proven vital in this effort, having already worked with over 6,250 officials coming from all 50 states and even three United States territories. [2]
Representative Bob Goodlatte (R-VA), House Judiciary Committee chairman, said the NCFI would benefit from a clear congressional mandate. "Authorizing the existing National Computer Forensics Institute in federal law will cement its position as our nation's premier hi-tech cyber crime training facility." [13]
The objective of the bill is to authorize the National Computer Forensics Institute so that the center can "disseminate homeland security information related to the investigation and prevention of cyber and electronic crime and related threats, and educate, train, and equip State, local, tribal, and territorial law enforcement officers, prosecutors, and judges." The bill aims to achieve this through amending the Homeland Security Act of 2002. [1]
While the National Computer Forensics Institute, based in Hoover, Alabama, has been open since 2008, the bill would ensure proper oversight and accountability, solidifying the center's position as the optimal site for training law enforcement to mitigate cyber threats. [14]
The bill establishes that the operations of the National Computer Forensics Institute are to: [1]
The NCFI would continue to be operated by the U.S. Secret Service, within the Department of Homeland Security. The network of Electronic Crime Task Forces would include stakeholders from academic institutions and the private sector under the expansion sanctioned by the authorization of the NCFI. [15]
During the 114th Congress, an earlier version of the bill was passed in the U.S. House on November 30, 2015. On December 1, 2015, the bill was received in the Senate and referred to the Committee on the Judiciary. No further action was taken.
On March 17, 2017, Ratcliffe introduced the bill in the House. After introduction: [16]
Cybercrime encompasses a wide range of criminal activities that are carried out using digital devices and/or networks. These crimes involve the use of technology to commit fraud, identity theft, data breaches, computer viruses, scams, and expanded upon in other malicious acts. Cybercriminals exploit vulnerabilities in computer systems and networks to gain unauthorized access, steal sensitive information, disrupt services, and cause financial or reputational harm to individuals, organizations, and governments.
Michael J. Rogers is an American former law enforcement officer and politician who served as the U.S. representative for Michigan's 8th congressional district from 2001 to 2015. A Republican, he was chair of the United States House Permanent Select Committee on Intelligence.
Cyberterrorism is the use of the Internet to conduct violent acts that result in, or threaten, the loss of life or significant bodily harm, in order to achieve political or ideological gains through threat or intimidation. Acts of deliberate, large-scale disruption of computer networks, especially of personal computers attached to the Internet by means of tools such as computer viruses, computer worms, phishing, malicious software, hardware methods, programming scripts can all be forms of internet terrorism. Cyberterrorism is a controversial term. Some authors opt for a very narrow definition, relating to deployment by known terrorist organizations of disruption attacks against information systems for the primary purpose of creating alarm, panic, or physical disruption. Other authors prefer a broader definition, which includes cybercrime. Participating in a cyberattack affects the terror threat perception, even if it isn't done with a violent approach. By some definitions, it might be difficult to distinguish which instances of online activities are cyberterrorism or cybercrime.
The Australian High Tech Crime Centre (AHTCC) are hosted by the Australian Federal Police (AFP) at their headquarters in Canberra. Under the auspices of the AFP, the AHTCC is party to the formal Joint Operating Arrangement established between the AFP, the Australian Security Intelligence Organisation and the Computer Network Vulnerability Team of the Australian Signals Directorate.
The U.S. House Committee on Homeland Security is a standing committee of the United States House of Representatives. Its responsibilities include U.S. security legislation and oversight of the Department of Homeland Security.
A cybersecurity regulation comprises directives that safeguard information technology and computer systems with the purpose of forcing companies and organizations to protect their systems and information from cyberattacks like viruses, worms, Trojan horses, phishing, denial of service (DOS) attacks, unauthorized access and control system attacks. There are numerous measures available to prevent cyberattacks.
The Homeland Security Subcommittee on Counterterrorism, Law Enforcement and Intelligence is a subcommittee within the House Homeland Security Committee. The Subcommittee's focuses are:
Internet police is a generic term for police and government agencies, departments and other organizations in charge of policing the Internet in a number of countries. The major purposes of Internet police, depending on the state, are fighting cybercrime, as well as censorship and propaganda.
Howard Anthony Schmidt was a partner with Tom Ridge in Ridge Schmidt Cyber LLC, a consultancy company in the field of cybersecurity. He was the Cyber-Security Coordinator of the Obama Administration, operating in the Executive Office of the President of the United States. He announced his retirement from that position on May 17, 2012, effective at the end of the month.
Patrick Leo Meehan is a former American Republican Party politician and federal prosecutor from Pennsylvania who represented parts of Delaware, Chester, Montgomery, Berks, and Lancaster counties in the United States House of Representatives from 2011 until his resignation in 2018. He succeeded Democrat Joe Sestak, who ran unsuccessfully for the United States Senate.
There is no commonly agreed single definition of “cybercrime”. It refers to illegal internet-mediated activities that often take place in global electronic networks. Cybercrime is "international" or "transnational" – there are ‘no cyber-borders between countries'. International cybercrimes often challenge the effectiveness of domestic and international law, and law enforcement. Because existing laws in many countries are not tailored to deal with cybercrime, criminals increasingly conduct crimes on the Internet in order to take advantages of the less severe punishments or difficulties of being traced.
The Protecting Children from Internet Pornographers Act of 2011 was a United States bill designed with the stated intention of increasing enforcement of laws related to the prosecution of child pornography and child sexual exploitation offenses. Representative Lamar Smith (R-Texas), sponsor of H.R. 1981, stated that, "When investigators develop leads that might result in saving a child or apprehending a pedophile, their efforts should not be frustrated because vital records were destroyed simply because there was no requirement to retain them."
The Cyber Intelligence Sharing and Protection Act was a proposed law in the United States which would allow for the sharing of Internet traffic information between the U.S. government and technology and manufacturing companies. The stated aim of the bill is to help the U.S. government investigate cyber threats and ensure the security of networks against cyberattacks.
Susan Lynn Brooks is an American prosecutor and politician. She is a Republican and the former U.S. Representative for Indiana's 5th congressional district. She was elected in 2012. The district includes the northern fifth of Indianapolis, as well as many of the city's affluent northern and eastern suburbs. Brooks served as the United States Attorney for the Southern District of Indiana from 2001 to 2007.
The Criminal, Cyber, Response, and Services Branch (CCRSB) is a service within the Federal Bureau of Investigation (FBI). The CCRSB is responsible for investigating financial crime, white-collar crime, violent crime, organized crime, public corruption, violations of individual civil rights, and drug-related crime. In addition, the Branch also oversees all computer-based crime related to counterterrorism, counterintelligence, and criminal threats against the United States.
The National Cybersecurity and Critical Infrastructure Protection Act of 2013 is a bill that would amend the Homeland Security Act of 2002 to require the Secretary of the Department of Homeland Security (DHS) to conduct cybersecurity activities on behalf of the federal government and would codify the role of DHS in preventing and responding to cybersecurity incidents involving the Information Technology (IT) systems of federal civilian agencies and critical infrastructure in the United States.
John Lee Ratcliffe is an American politician and attorney who served as the Director of National Intelligence from 2020 to 2021. He previously served as the U.S. representative for Texas's 4th district from 2015 to 2020. During his time in Congress, Ratcliffe was regarded as one of the most conservative members. Ratcliffe also served as Mayor of Heath, Texas, from 2004 to 2012 and acting United States Attorney for the Eastern District of Texas from May 2007 to April 2008.
The Protecting Cyber Networks Act is a bill introduced in the 114th Congress by Rep. Devin Nunes (R-CA), chairman of the House Permanent Select Committee on Intelligence. The legislation would allow companies and the government to share information concerning cyber threats. To overcome privacy concerns, the bill expressly forbids companies from sharing information with the National Security Agency (NSA) or Department of Defense (DOD).
The Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act, or PREPARE Act, of 2017 is a bill introduced in the United States House of Representatives by U.S. Representative Dan Donovan. The bill would assist American attempts to protect the nation from potential terror attacks and fortify emergency response capabilities through reauthorizing grants for programs that are necessary for disaster relief.
Dr. Phyllis Schneck is an American executive and cybersecurity professional. As of May 2017, she became the managing director at Promontory Financial Group. Schneck served in the Obama administration as Deputy Under Secretary for Cybersecurity and Communications for the National Protection and Programs Directorate (NPPD), at the Department of Homeland Security.