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From the senate.gov website:
The threat of a catastrophic cyber attack is real. It is not a matter of ?if? an attack will happen; rather it is a matter of ?when.? Just this March, the Senate?s Sergeant at Arms reported that the computer systems of the Executive Branch agencies and the Congress are now under cyber attack an average of 1.8 BILLION times per month.
Additionally, cyber crime costs our national economy billions of dollars annually. And, as intelligence officials have warned, malicious cyber activity occurs on a daily basis, on an unprecedented scale, and with extraordinary sophistication. As the former Director of National Intelligence Michael McConnell testified in February, ?If we went to war today, in a cyber war, we would lose.?
According to the bill, they would need a national or regional catastrophe, which is defined as:
? mass casualties with an extraordinary number of fatalities;
? severe economic consequences;
? mass evacuations of prolonged duration; or
? severe degradation of national security capabilities, including intelligence and defense functions.
S. 3480 would bring Presidential authority to respond to a major cyber attack into the 21st century by providing a precise, targeted, and focused way for the President to defend our most sensitive infrastructure.
? The authority in S. 3480 would be limited to 30-day increments and may be extended beyond 120 total days only with Congressional approval.
? The President must use the ?least disruptive means feasible? to respond to the threat.
? The authority does not authorize the government to ?take over? critical infrastructure.
? It does not authorize any new surveillance authorities.
? The President would be required to provide advance notice to Congress of the intent to declare a national cyber emergency or as soon as possible after a declaration, with reasons why advance notice was not possible.
Rather than granting a ?kill switch,? S. 3480 would make it far less likely for a President to use the broad authority he already has in current law to take over communications networks.
Section 706 of the Communications Act of 1934 provides nearly unchecked authority to the President to ?cause the closing of any facility or station for wire communication? and ?authorize the use of control of any such facility or station? by the Federal government. Exercise of the authority requires no advance notification to Congress and can be authorized if the President proclaims that ?a state or threat of war? exists. The authority can be exercised for up to six months after the ?state or threat of war? has expired.
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