SECTION 1. SHORT LE.
This Act may be cited as the `Cyber Intelligence Sharing and Protection Act of 2011'.
SEC. 2. CYBER THREAT INTELLIGENCE AND INFORMATION SHARING.
(a) In General- le XI of the National Security Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding at the end the following new section:
`CYBER THREAT INTELLIGENCE AND INFORMATION SHARING
`Sec. 1104. (a) Intelligence Community Sharing of Cyber Threat Intelligence With Private Sector-
`(1) IN GENERAL- The Director of National Intelligence shall establish procedures to allow elements of the intelligence community to share cyber threat intelligence with private-sector en ies and to encourage the sharing of such intelligence.
`(2) SHARING AND USE OF CLASSIFIED INTELLIGENCE- The procedures established under paragraph (1) shall provide that classified cyber threat intelligence may only be--
`(A) shared by an element of the intelligence community with--
`(i) certified en ies; or
`(ii) a person with an appropriate security clearance to receive such cyber threat intelligence;
`(B) shared consistent with the need to protect the national security of the United States; and
`(C) used by a certified en y in a manner which protects such cyber threat intelligence from unauthorized disclosure.
`(3) SECURITY CLEARANCE APPROVALS- The Director of National Intelligence shall issue guidelines providing that the head of an element of the intelligence community may, as the head of such element considers necessary to carry out this subsection--
`(A) grant a security clearance on a temporary or permanent basis to an employee or officer of a certified en y;
`(B) grant a security clearance on a temporary or permanent basis to a certified en y and approval to use appropriate facilities; and
`(C) expedite the security clearance process for a person or en y as the head of such element considers necessary, consistent with the need to protect the national security of the United States.
`(4) NO RIGHT OR BENEFIT- The provision of information to a private-sector en y under this subsection shall not create a right or benefit to similar information by such en y or any other private-sector en y.
`(b) Private Sector Use of Cybersecurity Systems and Sharing of Cyber Threat Information-
`(1) IN GENERAL-
`(A) CYBERSECURITY PROVIDERS- Notwithstanding any other provision of law, a cybersecurity provider, with the express consent of a protected en y for which such cybersecurity provider is providing goods or services for cybersecurity purposes, may, for cybersecurity purposes--
`(i) use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property of such protected en y; and
`(ii) share such cyber threat information with any other en y designated by such protected en y, including, if specifically designated, the Federal Government.
`(B) SELF-PROTECTED EN IES- Notwithstanding any other provision of law, a self-protected en y may, for cybersecurity purposes--
`(i) use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property of such self-protected en y; and
`(ii) share such cyber threat information with any other en y, including the Federal Government.
`(2) USE AND PROTECTION OF INFORMATION- Cyber threat information shared in accordance with paragraph (1)--
`(A) shall only be shared in accordance with any restrictions placed on the sharing of such information by the protected en y or self-protected en y authorizing such sharing, including, if requested, appropriate anonymization or minimization of such information;
`(B) may not be used by an en y to gain an unfair compe ive advantage to the detriment of the protected en y or the self-protected en y authorizing the sharing of information; and
`(C) if shared with the Federal Government--
`(i) shall be exempt from disclosure under section 552 of le 5, United States Code;
`(ii) shall be considered proprietary information and shall not be disclosed to an en y outside of the Federal Government except as authorized by the en y sharing such information; and
`(iii) shall not be used by the Federal Government for regulatory purposes.
`(3) EXEMPTION FROM LIABILITY- No civil or criminal cause of action shall lie or be maintained in Federal or State court against a protected en y, self-protected en y, cybersecurity provider, or an officer, employee, or agent of a protected en y, self-protected en y, or cybersecurity provider, acting in good faith--
`(A) for using cybersecurity systems or sharing information in accordance with this section; or
`(B) for not acting on information obtained or shared in accordance with this section.
`(4) RELATIONSHIP TO OTHER LAWS REQUIRING THE DISCLOSURE OF INFORMATION- The submission of information under this subsection to the Federal Government shall not satisfy or affect any requirement under any other provision of law for a person or en y to provide information to the Federal Government.
`(c) Report on Information Sharing- The Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) shall annually submit to Congress a report in unclassified form containing--
`(1) a review of the sharing and use of information by the Federal Government under this section and the procedures and guidelines established or issued by the Director of National Intelligence under subsection (a); and
`(2) any recommendations of the Board for improvements or modifications to such authorities to address privacy and civil liberties concerns.
`(d) Federal Preemption- This section supersedes any statute of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under subsection (b).
`(e) Savings Clause- Nothing in this section shall be construed to limit any other authority to use a cybersecurity system or to identify, obtain, or share cyber threat intelligence or cyber threat information.
`(f) Definitions- In this section:
`(1) CERTIFIED EN Y- The term `certified en y' means a protected en y, self-protected en y, or cybersecurity provider that--
`(A) possesses or is eligible to obtain a security clearance, as determined by the Director of National Intelligence; and
`(B) is able to demonstrate to the Director of National Intelligence that such provider or such en y can appropriately protect classified cyber threat intelligence.
`(2) CYBER THREAT INTELLIGENCE- The term `cyber threat intelligence' means information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private en y, including information pertaining to the protection of a system or network from--
`(A) efforts to degrade, disrupt, or destroy such system or network; or
`(B) theft or misappropriation of private or government information, intellectual property, or personally identifiable information.
`(3) CYBERSECURITY PROVIDER- The term `cybersecurity provider' means a non-governmental en y that provides goods or services intended to be used for cybersecurity purposes.
`(4) CYBERSECURITY PURPOSE- The term `cybersecurity purpose' means the purpose of ensuring the integrity, confidentiality, or availability of, or safeguarding, a system or network, including protecting a system or network from--
`(A) efforts to degrade, disrupt, or destroy such system or network; or
`(B) theft or misappropriation of private or government information, intellectual property, or personally identifiable information.
`(5) CYBERSECURITY SYSTEM- The term `cybersecurity system' means a system designed or employed to ensure the integrity, confidentiality, or availability of, or safeguard, a system or network, including protecting a system or network from--
`(A) efforts to degrade, disrupt, or destroy such system or network; or
`(B) theft or misappropriation of private or government information, intellectual property, or personally identifiable information.
`(6) CYBER THREAT INFORMATION- The term `cyber threat information' means information directly pertaining to a vulnerability of, or threat to a system or network of a government or private en y, including information pertaining to the protection of a system or network from--
`(A) efforts to degrade, disrupt, or destroy such system or network; or
`(B) theft or misappropriation of private or government information, intellectual property, or personally identifiable information.
`(7) PROTECTED EN Y- The term `protected en y' means an en y, other than an individual, that contracts with a cybersecurity provider for goods or services to be used for cybersecurity purposes.
`(8) SELF-PROTECTED EN Y- The term `self-protected en y' means an en y, other than an individual, that provides goods or services for cybersecurity purposes to itself.'.
(b) Procedures and Guidelines- The Director of National Intelligence shall--
(1) not later than 60 days after the date of the enactment of this Act, establish procedures under paragraph (1) of section 1104(a) of the National Security Act of 1947, as added by subsection (a) of this section, and issue guidelines under paragraph (3) of such section 1104(a); and
(2) following the establishment of such procedures and the issuance of such guidelines, expeditiously distribute such procedures and such guidelines to appropriate Federal Government and private-sector en ies.
(c) Initial Report- The first report required to be submitted under subsection (c) of section 1104 of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act.
(d) Table of Contents Amendment- The table of contents in the first section of such Act is amended by adding at the end the following new item:
`Sec. 1104. Cyber threat intelligence and information sharing.'.
Reply With Quote
