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Big Brother and Computer Security

Government's Attempts To Legislate Infosec

From Tony Bradley, CISSP-ISSAP, for About.com

The Internet and the World Wide Web have very quickly become a part of the core infrastructure required to keep the United States running. Just as electricity and fresh drinking water are vital to everyday life, much of the commerce that drives this country and its economy relies on the Internet to function.

As such a vital part of what makes the country tick it makes sense that protecting it and making sure that it is secure would become a national concern. In many cases the elected officials in Congress fall into that trap of re-legislating that which is already against the law but is difficult to enforce. In the interest of retaining votes these officials don't like to appear as if they are doing nothing. Often, since they can't realistically do anything to make it easier to apprehend and prosecute violators they simply create a new law so that they can look proactive on the front page of the newspapers.

But, that is not to say that there aren't legitimate concerns that need to be legislated or that the Internet and the World Wide Web don't represent new challenges for which existing laws may not provide complete coverage.

One of the most significant problems is that the bill that ends up being signed into law is typically a ghost of its former self. Well-intentioned representatives start off writing bills that tackle these serious problems. But, by the time the pork barrel is full and the lobbyists get done taking all of the effective meat of the bill out, the resulting law is often impotent. Those that aren't impotent are often technically and technologically misguided, banning useful technology or requiring the use of technology that is questionable or may not even exist yet.

Below are a few articles I have written in the past addressing legislation, or attempts at legislation, aimed at addressing various computer security and technology concerns:

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