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Proponents of the Cyber Intelligence Sharing and Protection Act (more commonly known as CISPA) won a small battle last month when the House of Representatives passed the proposed bill by a vote of 248 to 168, with 42 yays from Democrats.  Yet the war for comprehensive cybersecurity legislation is far from over, as CISPA’s next campaign – the Senate – is expected to be a tougher fight.  Even if it were to prevail there, the White House has stated that it would likely veto the bill.

Still, CISPA supporters believe that last-minute amendments may persuade some opponents into reconsidering their positions.  According to an Office of Management and Budget statement made prior to the vote, the Obama Administration’s primary concerns were that CISPA did not go far enough to protect critical infrastructure; that it repealed portions of electronic surveillance law without implementing counterbalancing privacy protections; and that it granted too much shelter to the private sector from cyber liability.  Representatives Rogers (R-MI) and Ruppersberger (D-MD), the bill’s co-sponsors, have since responded that regulating critical infrastructure is beyond the purview of the House Intelligence Committee – from whence the bill came – and that the now-approved changes to the bill narrow the government’s ability to retain and then use shared data.  The amendments have yet to scale back liability exemptions, provisions that remain popular with industry.  The White House has yet to comment on the revised bill.

In its current form, CISPA has won the support of Internet and technology companies such as Facebook and Symantec.  Notably, though, some companies have jumped ship and now oppose the legislation.  Civil rights groups, including the ACLU, also remain unconvinced.  Cyber activist group Anonymous has been particularly vociferous in its opposition, calling for a series of protests and "swift messages" against industry supporters.

CISPA is not the only cybersecurity bill to face growing scrutiny.  Members of the House and the Senate have offered at least nine other cybersecurity bills, including separate proposals from Senators Liberman (I-CT) and McCain (R-AZ).  As with CISPA, some critics believe Congress has yet to advance legislation comprehensive enough to cure the country’s growing cyber vulnerabilities while protecting the citizenr’s civil liberties – a familiar quandary in post-9/11 America.

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Photo of Kate Growley Kate Growley

Businesses around the globe rely on Kate M. Growley to navigate their most challenging digital issues, particularly those involving cybersecurity, artificial intelligence, digital infrastructure, and their intersection with national security. Clients seek her guidance on proactive compliance, incident response, internal and government-facing investigations…

Businesses around the globe rely on Kate M. Growley to navigate their most challenging digital issues, particularly those involving cybersecurity, artificial intelligence, digital infrastructure, and their intersection with national security. Clients seek her guidance on proactive compliance, incident response, internal and government-facing investigations, and policy engagement. With a unique combination of legal, policy, and consulting experience, Kate excels in translating complex technical topics into advice that is practical and informed by risk and business needs.

Kate has extensive experience working with members of the U.S. government contracting community, especially those within the Defense Industrial Base. She has partnered with contractors from every major sector, including technology, manufacturing, health care, and professional services. Kate is an IAPP AI Governance Professional (AIGP) and a Certified Information Privacy Professional for both the U.S. private and government sectors (CIPP/G and CIPP/US). She is also a Registered Practitioner with the U.S. Cybersecurity Maturity Model Certification (CMMC) Cyber Accreditation Body (AB).

Having lived in Greater China for several years, Kate also brings an uncommon understanding of digital and national security requirements from across the Asia Pacific region. She has notable experience with the regulatory environments of Australia, Singapore, Japan, and Greater China—including the growing regulation of data flows between the latter and the United States.

Kate is a partner in the firm’s Washington, D.C., office, as well as a senior director in the firm’s consultancy Crowell Global Advisors, to which she was seconded for several years. She is a founding member of the firm’s Privacy & Cybersecurity Group and part of the firm’s AI Steering Committee. She has been internationally recognized by Chambers and named a “Rising Star” by both Law360 and the American Bar Association (ABA). She has held numerous leadership positions in the ABA’s Public Contract Law and Science & Technology Sections and has been inducted as a lifetime fellow in the American Bar Foundation.