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Critical Infrastructure Protection Policy in the US

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Cybercrimes: A Multidisciplinary Analysis
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Abstract

Critical infrastructure protection has been a hot topic in homeland security policy circles for nearly a decade, yet the definition of the term “critical infrastructure” (CI) remains fluid. In 1996, President Clinton became the first to formally define CI when he issued Executive Order 13010 identifying eight “critical infrastructures” whose incapacitation or destruction would have a debilitating impact on U.S. defense and/or economic security. Since then, CI repeatedly has been defined and redefined in executive orders, statutes, and high-level policy documents.

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Notes

  1. 1.

    EO 13010 - Critical Infrastructure Protection. Federal Register, July 17, 1996. Vol. 61, No. 138. pp. 37347–37350 (identifying telecommunications, electrical power system, gas and oil storage and transportation; banking and finance; transportation; water supply systems; emergency services (including medical, police, fire, and rescue); and continuity of government as critical infrastructures).

  2. 2.

    In 1998, the Clinton Administration expanded “critical infrastructure” to include information systems and the public health sector. See Presidential Decision Directive 63 (PDD-63). After 9/11, the Bush Administration expanded the definition of CI even further to include a total of thirteen sectors (adding agriculture/food supply, defense industrial base, chemical industry, and postal/shipping). See Executive Order 13228. In 2002, the USA Patriot Act (Section 1016(e)) defined CI as the “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.” The Bush Administration’s National Strategy on Homeland Security further broadened the definition of CI to include those assets, systems, and functions vital to our national security, governance, public health and safety, economy, and “national morale.”

  3. 3.

    White House Office of the Press Secretary, Presidential Proclamation - Critical Infrastructure Protection Month, December 2, 2009, available online at http://www.whitehouse.gov/the-press-office/presidential-proclamation-critical-infrastructure-protection-month.

  4. 4.

    Over the past decade, government regulation of industry generally has been eschewed in favor of reliance on market forces to improve information security, however a number of pro-industry regulations have been enacted, including, for example, a Freedom of Information Act (FOIA) exemption deemed necessary to facilitate private sector sharing of CI information with the government, and various legislative provisions expanding protections for CI (e.g., USA Patriot Act provisions expanding the scope of computer crime laws to cover certain CI attacks).

  5. 5.

    Shortly after the events of 9/11, the then-newly-created U.S. Department of Homeland Security (DHS) was tasked with leading, integrating, and coordinating efforts to protect both physical and cyber CI. See Homeland Security Presidential Directive 7.

  6. 6.

    Cyberspace Policy Review at 18.

  7. 7.

    Cyberspace Policy Review at v.

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© 2011 Springer-Verlag Berlin Heidelberg

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Schneck-Teplinsky, M. (2011). Critical Infrastructure Protection Policy in the US. In: Ghosh, S., Turrini, E. (eds) Cybercrimes: A Multidisciplinary Analysis. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-13547-7_11

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