Cyber bill's FISMA mandate could be a step backward

 

Connecting state and local government leaders

Proposed cybersecurity legislation would revamp FISMA to include mandatory security controls for agencies, but that could favor compliance over security.

The long-awaited cybersecurity bill by Sen. Joe Lieberman (I-Conn.) and his colleagues on the Senate Homeland Security and Governmental Affairs Committee is here, a wide-ranging piece of legislation to improve the security of the nation’s critical infrastructure, both in government and private sector.

Lieberman is adamant that the bill contains no Internet “kill switch,” a controversial issue that he says overshadowed the debate on his cybersecurity bill introduced in the last Congress, S. 3480. The new legislation contains pretty specific language setting out just what the president can and cannot do in the event of a national cyber emergency and explicitly states that “neither the president, the director of the National Center for Cybersecurity and Communications, nor any other officer or employee of the federal government should have the authority to shut down the Internet.”


Related coverage:

Security reform? What security reform?


These provisions still are likely to generate controversy whether it is merited or not, but there is another provision of the bill that also bears close attention. In revamping the Federal Information Security Management Act, it calls for mandatory security controls for agency IT systems.

It says that, “the Director of the National Center for Cybersecurity and Communications shall...provide to agencies security controls that agencies shall be required to be implemented to mitigate and remediate vulnerabilities, attacks, and exploitations....”

This does not appear at first blush to be a bad idea, but it is the kind of thing that IRS Chief Information Security Officer David Stender has warned against.

“Compliance is the easiest way to meet requirements,” he said in a discussion of FISMA during last week’s RSA Security Conference. But compliance does not equal security. Stender was not speaking about the Lieberman bill specifically, but he said that rewriting FISMA to include mandatory security controls could reinforce the culture of compliance that has given FISMA a black eye over the past eight years.

Stender is, if not a fan, at least not a critic of FISMA as now written. “I don’t think there was a problem with FISMA,” he said. “I think there was a problem with implementing FISMA.”

The proposed revamping in the Lieberman bill is not bad. It calls for automated continuous monitoring of systems, for protection commensurate with risk in a cost-effective way, and improved accountability for cybersecurity. But FISMA currently addresses continuous monitoring, and agencies, under recent guidance from the Office of Management and Budget, are moving toward that goal.

One of the strengths of the current law is that it is focused on guidance, not requirements. Compliance with that guidance is an easy shortcut, but the law also allows agencies the latitude to address risk without being in 100 percent compliance with the guidelines, which agencies are beginning to do. Putting mandatory security controls in place could tempt agencies to take a big step backward and comply with the law by checking off the required controls without addressing the real risk environment.

This is not to say that there should be no changes to FISMA, but any changes should be carefully considered to ensure that they bring real improvements.

“We have been our own worst enemy with FISMA 1.0,” Stender said. “We don’t have to stand still and wait for legislation.”

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.