The Rockefeller-Snowe bill emerges from an environment of blind hysteria around cyber-security problems that has developed in recent months. Section 2 contains 150 lines of silly hyperventilating that exaggerate the threats – but more importantly, misconceives the nature of Internet-based threats and the best way to respond to them. The bill succumbs to the tendency to take a national, hierarchical and centralized approach to problems that are best met through the organic evolution of decentralized, flexible, adapative and transnational, private sector-based cooperative solutions that leverage the peer production capabilities of the Internet.
Still, it is not as bad as it could have been. The bill does not turn over cybersecurity responsibilities to the NSA, nor does it completely centralize authority in a single government agency. Instead, it creates a multistakeholder Cyber-security Advisory panel appointed by the President. Here is a section-by-section review of the most outstanding parts of the proposed law…