Senate Intel panel passes cybersecurity bill

Senate Intel panel passes cybersecurity bill
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The Senate Intelligence Committee passed a controversial cybersecurity bill 14-1 during a markup Thursday, a move that Chairman Richard BurrRichard Mauze BurrHillicon Valley: New FTC chief eyes shake up of tech regulation | Lawmakers target Google, Huawei partnership | Microsoft employees voice anger over ICE contract On The Money — Sponsored by Prudential — Senators hammers Ross on Trump tariffs | EU levies tariffs on US goods | Senate rejects Trump plan to claw back spending Senate Intel requests more testimony from Comey, McCabe MORE (R-N.C.) called “historic.”

“I have all the confidence in the world going to [Senate Majority Leader] McConnell and asking him for this to be expedited on the Senate floor,” Burr told reporters after the vote.

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The Cybersecurity Information Sharing Act (CISA) would enhance the sharing of information about cybersecurity threats between the private sector and government agencies by granting liability protections to companies offering the data.

“This has been a long road,” said Sen. Dianne FeinsteinDianne Emiel FeinsteinSenate left in limbo by Trump tweets, House delays Children should not be human shields against immigration enforcement The Hill's Morning Report — Sponsored by PhRMA — Immigration drama grips Washington MORE (Calif.), the ranking Democrat on the panel who has been pushing versions of CISA for several years.

Government officials and most industry groups argue the bill is necessary to mitigate the impact of cyberattacks, which have hit giant retailers like Target and Home Depot, major banks like JPMorgan, and Anthem, the nation’s second-largest health insurer.

If CISA had been in place, “I think we might have minimized what happened at Anthem, we might have minimized what happened at Home Depot,” Burr said. “But certainly we would have made sure that elsewhere in the industry, there wouldn’t have been a threat because federal government would have responded.”

But the measure has drawn the ire of the privacy community, including Sen. Ron WydenRonald (Ron) Lee WydenScrutiny ramps up over Commerce secretary's stock moves Hillicon Valley: Justices require warrants for cellphone location data | Amazon employees protest facial recognition tech sales | Uber driver in fatal crash was streaming Hulu | SpaceX gets contract to launch spy satellite On The Money — Sponsored by Prudential — Supreme Court allows states to collect sales taxes from online retailers | Judge finds consumer bureau structure unconstitutional | Banks clear Fed stress tests MORE (D-Ore.), the lone vote Thursday opposing CISA.

Opponents are worried the bill will create another outlet for the intelligence community to collect sensitive data on Americans.

In a statement Thursday, Wyden called CISA a "surveillance bill by another name."

Similar White House and Democratic objections held up the bill’s markup for several weeks.

The Intel panel made several notable privacy concessions to address those concerns.

Feinstein said there were roughly 15 Democratic amendments related to privacy offered during the markup, 12 of which are in the final legislation, either in whole or in part.

CISA will not allow electronic, real-time sharing with intelligence agencies. If companies want to digitally exchange cyber threat data, they will have to go through the Department of Homeland Security (DHS), a civilian agency.

“Our preference is the electronic transfer through the DHS portal,” Burr stressed.

A White House cyber info-sharing proposal would have placed the DHS at the center of nearly all public-private threat data exchange.

Feinstein believes the changes will assuage the administration's and other lawmakers’ concerns.

“I talked to the president’s chief of staff [Denis McDonoughDenis Richard McDonoughLive coverage: Justice IG testifies before House on report criticizing FBI Ex-Obama chief of staff: Obama's Russia response was 'watered down' Former Obama officials launch advocacy group aimed at Trump's foreign policy MORE] yesterday,” Feinstein said. “I think he believes that a number of improvements have been made in the bill.”

The Senate Homeland Security and Governmental Affairs Committee has been discussing an info-sharing bill this year that would mirror the White House proposal.

Sen. Tom CarperThomas (Tom) Richard CarperOvernight Energy: Inhofe defends Pruitt after criticisms | Agency releases study on water contaminant | Trump rescinds Obama ocean policy Dems press EPA nominees on ethics, climate Overnight Energy: Senate panel sets Pruitt hearing | Colorado joins California with tougher emissions rules | Court sides with Trump on coal leasing program MORE (D-Del.), ranking member on Homeland Security, even introduced a version of the administration's proposal. But Committee Chairman Ron JohnsonRonald (Ron) Harold JohnsonGOP senator: Obama administration’s track record on reuniting families 'wasn't particularly good either' Senate probes FBI's heavy-handed use of redactions to obstruct congressional investigators Hillicon Valley: DHS gets new cyber chief | White House warns lawmakers not to block ZTE deal | White nationalists find home on Google Plus | Comcast outbids Disney for Fox | Anticipation builds for report on FBI Clinton probe MORE has chosen to defer to the Intelligence bill, calling it more “robust.”

Carper wrote to the Intelligence panel with concerns about its bill, as did Sen. Patrick LeahyPatrick Joseph LeahyOvernight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases Senators 'deeply troubled' military lawyers being used for immigration cases Overnight Energy: EPA declines to write new rule for toxic spills | Senate blocks move to stop Obama water rule | EPA bought 'tactical' pants and polos MORE (D-Vt.), a staunch opponent of increasing the intelligence community’s access to private data.

Feinstein said she had spoken with both senators about their hesitations.

“I think we’ve met most of those concerns,” Feinstein said. “There’s been a major effort to handle those in this bill.”

Discussing the privacy concessions, Burr said that Feinstein “has stretched me so far, I feel like I’ve had cosmetic surgery.”

In a statement, Carper said he was "encouraged by the bipartisan progress ... made today," but added that he had yet to read the bill's full text.

“The only way we’re going to get this first step done is if it’s bipartisan,” Feinstein said.

The committee plans to bring the bill to the Senate floor for a vote shortly after the upcoming recess, which spans the last week of March through mid-April.

“I’ve learned never to try to forecast what’s going to happen in the United States Senate,” Burr said.