Protecting the Homeland by Exemption Why the Critical.pdfVIP

PROTECTING THE HOMELAND BY EXEMPTION: WHY THE CRITICAL INFRASTRUCTURE INFORMATION ACT OF 2002 WILL DEGRADE THE FREEDOM OF INFORMATION ACT To protect against “cyberterror,” the House version of the Homeland Security Act exempts information related to the nation’s critical infrastructure from the Freedom of Information Act1 disclosure requirements. The proposed exemption unnecessarily threatens public access to vital information about health and safety information; information the Freedom of Information Act was designed to guarantee. Introduction – The Threat of Cyberterror One of the hottest perceived threats to America in this new age of terrorism is “cyberterror” – terrorism via our own electronic infrastructure. Reports indicate that al Qaeda operatives are researching methods to electronically disable or destroy our nation’s infrastructure systems, such as dams, communications systems, and other structures.2 In fact, 74% of IT professionals believe an attack on Wall Street or on large banks will almost certainly occur in the 3 next year. What makes this vulnerability difficult to patch is the nature of our nation’s infrastructure. Eighty-five to 90% of America’s critical infrastructure is privately owned, and information regarding its capabilities and weaknesses is not automatically available to the 4 government. According to industry computer experts, businesses that operate our nation’s critical infrastructure currently hesitate to share information with the government about previous Internet attacks because they