Proposed US law would require President to act against overseas hackers | Cyber Security

US senators from both sides of the housee have announced a bill that would force the President to act against overseas hackers found targeting the US, or explain why he hadn’t.

Senators Cory Gardner (R-CO) and Chris Coons (D-DE) announced the Cyber Deterrence and Response Act (S.3378) this week.

The text of the bill cites several cybersecurity incidents, including the charging of Chinese military hackers for allegedly attacking a range of US industries, and the indictment of seven Iranians for alleged cyberattacks in the US, including DDoSes against 46 different financial institutions.

The document also pointed to a May 2018 State Department recommendation to the President. That document cited a rising number of cyberattacks that were serious, but not serious enough to warrant a counterattack. That document proposed:

…developing a broader menu of consequences that the United States can swiftly impose following a significant cyber incident, and taking steps to help resolve attribution and policy challenges that limit U.S. flexibility to act.

This bill seems to provide a framework for those consequences. It requires the President to label any foreign individual or agency that knowingly participates in an attack as a ‘critical cyber threat actor’, and publish their identity in the Federal Register.

The President can avoid publishing those details if it is important to national security or law enforcement to do so, but he must tell Congress about it, the bill said. Specifically:

The President shall transmit to the appropriate congressional committees in classified form a report containing any such identification, together with the reasons for exercising such authority.

The President must then impose sanctions on these threat actors, says the bill. These could take the form of removing security assistance, blocking US loans, investments and business purchases, and stopping technology exports. He could also revoke visas.

If he waives those sanctions, he can do so for up to a year but must explain to Congress why he is doing so on economic, national security, law enforcement or humanitarian grounds, the legislation said.