EVERYBODY’S FAVORITE BILL — Now that everyone’s leftover Thanksgiving turkey is (probably) gone, lawmakers have room to add something a bit more meaty to their plate: this year’s National Defense Authorization Act. America’s legislators are migrating back to the Hill this week as they get set to reconcile the soon-to-be-ready House and Senate versions of the NDAA, a priority item for military spending that has to be passed before leaving for Christmas break. Here are some of the key cyber provisions we are watching. — United front: A clutch inclusion into the NDAA by way of the Senate would be the State Department Authorization Act, which aims to shore up international cooperation against cyber threats globally. At the heart of the bill lies the creation of a dedicated cyberspace and digital tech fund at State, which would serve as a lifeline for foreign governments to strengthen their networks against cyberattacks. It’s a strategy that resonates as well with the other chamber, which also wants to tie in a U.S.-Taiwan cooperation provision as Taipei faces a crucial presidential election in January. The House move aims to identify and expand areas of collaboration between the U.S. and Taiwan, but specifically focuses on defending military networks, countering malicious cyber activity, and leveraging U.S. cybersecurity technology and services. — It’s gonna be an election year: Which means election-related bills are going to get more scrutiny than usual. And that includes the debate over the Senate Intelligence Committee’s provision to require mandatory cyber penetration testing for all voting systems and hardware. The proposal stems from concerns about the vulnerabilities of electronic voting systems to hacking and manipulation, which is carrying more weight now that we are less than 365 days away from the vote. The fate of this measure is still unclear, but we’re watching for it to get stripped out of the final package considering the deep divides and contentions over election security between the GOP and Democrats. — A Cyber Force (?): A curious piece of the Senate’s NDAA includes language that would open the door to the establishment of a Cyber Force at the Department of Defense — a move that could mark a turning point in the military’s cybersecurity posture. The provision in question directs an independent assessment of the feasibility of establishing a Cyber Force as a separate branch of the military — similar to the Navy, Army or Space Force. The move would elevate cybersecurity to a major priority within the Pentagon, providing a dedicated branch with the resources and authority to address increasingly sophisticated national security concerns from cyber powerhouses like China and Russia. The ongoing conflict in Ukraine and the possibility of a widening war in the Middle East has further heightened its urgency. However, the proposal was not included in the House version of the bill. — Cyber piggyback: All this to say that considering the sheer size and importance of the NDAA, it once again could become a last-minute dumping ground for a slew of cyber bills coming out of the woodwork. Historically, the must-pass bill has served as a convenient vehicle for attaching various cybersecurity measures that get crammed through in the waning days.
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