II 

112TH CONGRESS 

1ST SESSION S. 372 

To reduce the ability of terrorists, spies, criminals, and other malicious 

actors to compromise, disrupt, damage, and destroy computer networks, 

critical infrastructure, and key resources, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2011 

Mr. CARDIN (for himself and Mr. WHITEHOUSE) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To reduce the ability of terrorists, spies, criminals, and other 

malicious actors to compromise, disrupt, damage, and 

destroy computer networks, critical infrastructure, and 

key resources, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cybersecurity and 

5 Internet Safety Standards Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


pwalker on DSKD5P82C1PROD with BILLS
2 

•S 372 IS

1 (1) COMPUTERS.—Except as otherwise specifi2 cally provided, the term ‘‘computers’’ means com3 puters and other devices that connect to the Inter4 net. 

5 (2) PROVIDERS.—The term ‘‘providers’’ means 

6 Internet service providers, communications service 

7 providers, electronic messaging providers, electronic 

8 mail providers, and other persons who provide a 

9 service or capability to enable computers to connect 

10 to the Internet. 

11 (3) SECRETARY.—Except as otherwise specifi12 cally provided, the term ‘‘Secretary’’ means the Sec13 retary of Homeland Security. 

14 SEC. 3. FINDINGS. 

15 Congress finds the following: 

16 (1) While the Internet has had a profound im17 pact on the daily lives of the people of the United 

18 States by enhancing communications, commerce, 

19 education, and socialization between and among per20 sons regardless of their location, computers may be 

21 used, exploited, and compromised by terrorists, 

22 criminals, spies, and other malicious actors, and, 

23 therefore, computers pose a risk to computer net24 works, critical infrastructure, and key resources in 

25 the United States. Indeed, users of computers are 


pwalker on DSKD5P82C1PROD with BILLS
3 

•S 372 IS

1 generally unaware that their computers may be 

2 used, exploited, and compromised by others with 

3 spam, viruses, and other malicious software and 

4 agents. 

5 (2) Since computer networks, critical infra6 structure, and key resources of the United States 

7 are at risk of being compromised, disrupted, dam8 aged, or destroyed by terrorists, criminals, spies, and 

9 other malicious actors who use computers, cyberse10 curity and Internet safety is an urgent homeland se11 curity issue that needs to be addressed by providers, 

12 technology companies, and persons who use com13 puters. 

14 (3) The Government and the private sector 

15 need to work together to develop and enforce min16 imum voluntary or mandatory cybersecurity and 

17 Internet safety standards for users of computers to 

18 prevent terrorists, criminals, spies, and other mali19 cious actors from compromising, disrupting, dam20 aging, or destroying the computer networks, critical 

21 infrastructure, and key resources of the United 

22 States. 

23 SEC. 4. COST-BENEFIT ANALYSIS. 

24 (a) REQUIREMENT FOR ANALYSIS.—The Secretary, 

25 in consultation with the Attorney General, the Secretary 


pwalker on DSKD5P82C1PROD with BILLS
4 

•S 372 IS

1 of Commerce, and the Director of National Intelligence, 

2 shall conduct an analysis to determine the costs and bene3 fits of requiring providers to develop and enforce voluntary 

4 or mandatory minimum cybersecurity and Internet safety 

5 standards for users of computers to prevent terrorists, 

6 criminals, spies, and other malicious actors from compro7 mising, disrupting, damaging, or destroying computer net8 works, critical infrastructure, and key resources. 

9 (b) FACTORS.—In conducting the analysis required 

10 by subsection (a), the Secretary shall consider— 

11 (1) all relevant factors, including the effect that 

12 the development and enforcement of minimum vol13 untary or mandatory cybersecurity and Internet 

14 safety standards may have on homeland security, the 

15 global economy, innovation, individual liberty, and 

16 privacy; and 

17 (2) any legal impediments that may exist to the 

18 implementation of such standards. 

19 SEC. 5. CONSULTATION. 

20 In conducting the analysis required by section 4, the 

21 Secretary shall consult with the Attorney General, the Sec22 retary of Commerce, the Director of National Intelligence, 

23 the Federal Communications Commission, and relevant 

24 stakeholders in the Government and the private sector, in25 cluding the academic community, groups, or other instituVerDate Mar 15 2010 02:54 Feb 17, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372

pwalker on DSKD5P82C1PROD with BILLS
5 

•S 372 IS

1 tions, that have scientific and technical expertise related 

2 to standards for computer networks, critical infrastruc3 ture, or key resources. 

4 SEC. 6. REPORT. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit to the appropriate committees of Congress a final re8 port on the results of the analysis required by section 4. 

9 Such report shall include the consensus recommendations, 

10 if any, for minimum voluntary or mandatory cybersecurity 

11 and Internet safety standards that should be developed 

12 and enforced for users of computers to prevent terrorists, 

13 criminals, spies, and other malicious actors from compro14 mising, disrupting, damaging, or destroying computer net15 works, critical infrastructure, and key resources. 

16 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

17 this section, the term ‘‘appropriate committees of Con18 gress’’ means— 

19 (1) the Committee on Commerce, Science, and 

20 Transportation, the Committee on Homeland Secu21 rity and Governmental Affairs, and the Committee 

22 on the Judiciary of the Senate; and 

23 (2) the Committee on Energy and Commerce, 

24 the Committee on Homeland Security, the Com25 mittee on the Judiciary, and the Committee on 


pwalker on DSKD5P82C1PROD with BILLS
6 

•S 372 IS

1 Oversight and Government Reform of the House of 

2 Representatives. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS