Executive Summary: Combating Foreign Commercial Cyber Espionage

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Executive Summary Combating Foreign Commercial
Cyber Espionage

• Evan Morris
• George Mason University
• November 20, 2013

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Overview

• U.S. legislation combating espionage of
  commercial secrets
• US Legislation mandating cyber security measures
• Issues
• Policy implementation
• QA

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• 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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ce

• 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)

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Issues

• 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

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Recommendation

• 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

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QA