On the recordNovember 30, 2011
This amendment essentially codifies a very important memorandum of understanding between the Department of Homeland Security and the NSA, the National Security Agency. This is a perfect balance and exactly the kind of overcoming of stovepipes we need to see in our government. Under existing law, the Department of Homeland Security has responsibility for protecting nondefense government, Federal Government cyberspace--cyber networks--and the privately owned and operated cyberspace, which actually amounts to some of the most critical cyber infrastructure in our country is privately owned. Today, as Senator McCain suggested, a target of attack by an enemy wanting to do us harm could be, for instance, our transit systems, financial systems, electric grid, and the like. What is embodied in this memorandum of understanding between DHS and NSA--which we will, by this amendment, codify into law--is to maintain the quite appropriate interface of the Department of Homeland Security with the privately owned cyber-infrastructure and those who own and operate it, yet utilizing the unsurpassed capabilities of NSA. I appreciate that in this colloquy Senator McCain and I are entering into, we both make clear--and I appreciate that his intention here in offering this amendment is not to circumvent the need for broader legislation to protect our American cyberspace from theft, exploitation, and attack.…





