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Executive Summary: Combating Foreign Commercial Cyber Espionage Evan Morris George Mason University November 20, 2013
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Overview U.S. legislation combating espionage of commercial secrets US Legislation mandating cyber security measures Issues Policy implementation Q&A
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Domestic Laws with Extraterritoriality Economic Espionage Act of 1997 Private Right of Action Against Theft of Trade Secrets Act of 2013 (current) International agreements against commercial espionage TRIPS
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ce U.S. legislation mandating cyber-security programs There are no blanket regulations that mandate the private sector from implementing cyber security programs Cyber Security Act of 2013 FISMA 2002 (Most recently amended 2010)
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Issues Inefficacy of FISMA: Process-oriented vs. Result- oriented (accountability failure) Static nature of regulatory law vs. the rapidly changing landscape of Cybersecuirty Policies which mandate Cybersecuirty reforms within the private sector
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Recommendation Revise the FISMA and Cyber Security Acts Monitor and penalize compliance failure Allow for quickly adopting requirements within both laws without Congressional approval Give the reins to a private contractor Universal software requirements for all private companies Information sharing between government and industry
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Q&A
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