81_FR_8246 81 FR 8214 - National Protection and Programs Directorate; Cybersecurity Information Sharing Act of 2015 Interim Guidance Documents-Notice of Availability

81 FR 8214 - National Protection and Programs Directorate; Cybersecurity Information Sharing Act of 2015 Interim Guidance Documents-Notice of Availability

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range8214-8214
FR Document2016-03430

DHS is announcing the availability of Cybersecurity Information Sharing Act of 2015 Interim Guidance Documents jointly issued with the Department of Justice (DOJ) in compliance with the Act (CISA), which authorizes the voluntary sharing and receiving of cyber threat indicators and defensive measures for cybersecurity purposes, consistent with certain protections, including privacy and civil liberty protections.

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Page 8214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03430]


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DEPARTMENT OF HOMELAND SECURITY


National Protection and Programs Directorate; Cybersecurity 
Information Sharing Act of 2015 Interim Guidance Documents--Notice of 
Availability

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Notice of availability.

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SUMMARY: DHS is announcing the availability of Cybersecurity 
Information Sharing Act of 2015 Interim Guidance Documents jointly 
issued with the Department of Justice (DOJ) in compliance with the Act 
(CISA), which authorizes the voluntary sharing and receiving of cyber 
threat indicators and defensive measures for cybersecurity purposes, 
consistent with certain protections, including privacy and civil 
liberty protections.

ADDRESSES: The CISA guidance documents may be found on www.us-cert.gov/ais.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, email Matthew Shabat at [email protected] or telephone 
on (703) 235-5338. Questions may also be directed by mail to Matthew 
Shabat, 245 Murray Lane SW., Mail Stop 0610, Washington, DC 20528-0610.

SUPPLEMENTARY INFORMATION: The CISA requires the Secretary of DHS and 
the Attorney General to jointly develop and make publicly available--
     guidance to assist non-Federal entities and promote 
sharing of cyber threat indicators with the Federal Government;
     interim and final guidelines for the protection of privacy 
and civil liberties; and
     interim and final procedures related to the receipt of 
cyber threat indicators and defensive measures by the Government, which 
happen principally through the real-time DHS process, the existing DHS-
operated Automated Indicator Sharing (AIS) initiative and may also 
occur through direct submissions to Federal agencies.
    The CISA also requires the Secretary of DHS, the Attorney General, 
the Director of National Intelligence, and the Secretary of Defense, to 
jointly develop interim procedures to facilitate and promote the 
sharing of cyber threat indicators and defensive measures by the 
Federal Government.

Authority and Background

    On December 18, 2015, the President signed into law the 
Consolidated Appropriations Act, 2016, Public Law 114-113, which 
included at Division N, Title I the Cybersecurity Information Sharing 
Act of 2015 (CISA). Congress designed CISA to establish a voluntary 
cybersecurity information sharing process that encourages public and 
private sector entities to share cyber threat indicators and defensive 
measures while protecting privacy and civil liberties. The CISA 
requires various Executive Branch agencies to coordinate and create, 
within 60 days of enactment (i.e., not later than February 16, 2016), 
four guidance documents to facilitate this voluntary cybersecurity 
information sharing process. The CISA requires two of these interim 
documents to be made publicly available. See generally Public Law 114-
113, Div. N, Title I secs. 103, 105).

Overview of the 60 Day Guidance Required Under CISA

    The CISA sec. 103 requires the Director of National Intelligence, 
the Secretary of Homeland Security, the Secretary of Defense, and the 
Attorney General, in consultation with the heads of designated Federal 
entities,\1\ to jointly develop and issue procedures to facilitate and 
promote the sharing by the Federal Government of classified and 
unclassified cyber threat indicators, defensive measures, and other 
information and best practices related to mitigating cyber threats. The 
CISA sec. 103(b) requires these procedures to include a real-time 
sharing capability (namely the DHS Automated Indicator Sharing (AIS) 
initiative); incorporate existing Federal information sharing 
processes, procedures, roles, and responsibilities to the greatest 
extent possible; account for sharing done in error; and protect against 
unauthorized access to cyber threat information. Further, the 
procedures must account for the review of cyber threat indicators to 
identify personal information not related to the threat, a technical 
capability to remove such personal information, and a notification 
process to alert any U.S. person whose personal information is 
improperly shared by a Federal entity.
---------------------------------------------------------------------------

    \1\ The CISA defines Appropriate Federal Entities as the 
Departments of Commerce, Defense, Energy, Homeland Security, 
Justice, Treasury, and the Office of the Director of National 
Intelligence. See CISA sec. 102(3).
---------------------------------------------------------------------------

    The CISA sec. 105(a)(1) requires the Secretary of Homeland Security 
and the Attorney General, in consultation with the heads of designated 
Federal entities, to jointly develop and issue interim policies and 
procedures relating to the receipt of cyber threat indicators and 
defensive measures by the Federal Government. These internal 
operational procedures describe general rules applicable to DHS and 
other Federal agencies and the operative processes of the DHS AIS 
system, including the statutory requirement for Federal agencies that 
receive cyber threat indicators and defensive measures to share them 
with other appropriate agencies.
    The CISA sec. 105(a)(4) requires the Secretary of Homeland Security 
and the Attorney General to jointly develop and make publicly available 
guidance to assist non-Federal entities with sharing cyber threat 
indicators with Federal entities. This guidance includes explanations 
of how non-Federal entities can identify and share cyber threat 
indicators and defensive measures with the Federal Government in 
accordance with CISA and describes the protections non-Federal entities 
receive under CISA for sharing cyber threat indicators and defensive 
measures, including targeted liability protection and other statutory 
protections.
    Finally, CISA sec. 105(b) requires the Secretary of Homeland 
Security and the Attorney General, in consultation with the Department 
Heads and Chief Privacy and Civil Liberties Officers of the designated 
Federal entities, to jointly develop and make publicly available 
interim guidelines relating to privacy and civil liberties that govern 
the receipt, retention, use, and dissemination of cyber threat 
indicators by a Federal entity. These privacy and civil liberties 
guidelines are consistent with the Fair Information Practice Principles 
(FIPPs) set forth in Appendix A of the ``National Strategy for Trusted 
Identities in Cyberspace,'' published by the President in April 2011.

Issuance of Agency Guidance Required Under CISA

    The CISA guidance documents may be found on www.us-cert.gov/ais.

    Dated: February 11, 2016.
Andy Ozment,
Assistant Secretary, Department of Homeland Security.
[FR Doc. 2016-03430 Filed 2-17-16; 8:45 am]
 BILLING CODE 9110-9P-P



                                                  8214                        Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                   (5) Closing remarks/plans for next                     Director of National Intelligence, and                 information is improperly shared by a
                                                  meeting.                                                the Secretary of Defense, to jointly                   Federal entity.
                                                   (6) Adjournment of Meeting.                            develop interim procedures to facilitate                 The CISA sec. 105(a)(1) requires the
                                                    Dated: February 11, 2016.                             and promote the sharing of cyber threat                Secretary of Homeland Security and the
                                                  V.B. Gifford,                                           indicators and defensive measures by                   Attorney General, in consultation with
                                                  Captain, U.S. Coast Guard, Director of
                                                                                                          the Federal Government.                                the heads of designated Federal entities,
                                                  Inspections and Compliance.                             Authority and Background                               to jointly develop and issue interim
                                                  [FR Doc. 2016–03348 Filed 2–17–16; 8:45 am]                                                                    policies and procedures relating to the
                                                                                                            On December 18, 2015, the President                  receipt of cyber threat indicators and
                                                  BILLING CODE 9110–04–P
                                                                                                          signed into law the Consolidated                       defensive measures by the Federal
                                                                                                          Appropriations Act, 2016, Public Law
                                                                                                                                                                 Government. These internal operational
                                                                                                          114–113, which included at Division N,
                                                  DEPARTMENT OF HOMELAND                                                                                         procedures describe general rules
                                                                                                          Title I the Cybersecurity Information
                                                  SECURITY                                                                                                       applicable to DHS and other Federal
                                                                                                          Sharing Act of 2015 (CISA). Congress
                                                                                                                                                                 agencies and the operative processes of
                                                  National Protection and Programs                        designed CISA to establish a voluntary
                                                                                                                                                                 the DHS AIS system, including the
                                                  Directorate; Cybersecurity Information                  cybersecurity information sharing
                                                                                                                                                                 statutory requirement for Federal
                                                  Sharing Act of 2015 Interim Guidance                    process that encourages public and
                                                                                                                                                                 agencies that receive cyber threat
                                                  Documents—Notice of Availability                        private sector entities to share cyber
                                                                                                                                                                 indicators and defensive measures to
                                                                                                          threat indicators and defensive
                                                  AGENCY: National Protection and                                                                                share them with other appropriate
                                                                                                          measures while protecting privacy and
                                                  Programs Directorate, DHS.                                                                                     agencies.
                                                                                                          civil liberties. The CISA requires
                                                  ACTION: Notice of availability.                         various Executive Branch agencies to                     The CISA sec. 105(a)(4) requires the
                                                                                                          coordinate and create, within 60 days of               Secretary of Homeland Security and the
                                                  SUMMARY:   DHS is announcing the                        enactment (i.e., not later than February               Attorney General to jointly develop and
                                                  availability of Cybersecurity Information               16, 2016), four guidance documents to                  make publicly available guidance to
                                                  Sharing Act of 2015 Interim Guidance                    facilitate this voluntary cybersecurity                assist non-Federal entities with sharing
                                                  Documents jointly issued with the                       information sharing process. The CISA                  cyber threat indicators with Federal
                                                  Department of Justice (DOJ) in                          requires two of these interim documents                entities. This guidance includes
                                                  compliance with the Act (CISA), which                   to be made publicly available. See                     explanations of how non-Federal
                                                  authorizes the voluntary sharing and                    generally Public Law 114–113, Div. N,                  entities can identify and share cyber
                                                  receiving of cyber threat indicators and                Title I secs. 103, 105).                               threat indicators and defensive
                                                  defensive measures for cybersecurity                                                                           measures with the Federal Government
                                                  purposes, consistent with certain                       Overview of the 60 Day Guidance                        in accordance with CISA and describes
                                                  protections, including privacy and civil                Required Under CISA                                    the protections non-Federal entities
                                                  liberty protections.                                      The CISA sec. 103 requires the                       receive under CISA for sharing cyber
                                                  ADDRESSES: The CISA guidance                            Director of National Intelligence, the                 threat indicators and defensive
                                                  documents may be found on www.us-                       Secretary of Homeland Security, the                    measures, including targeted liability
                                                  cert.gov/ais.                                           Secretary of Defense, and the Attorney                 protection and other statutory
                                                  FOR FURTHER INFORMATION CONTACT: If                     General, in consultation with the heads                protections.
                                                  you have questions about this notice,                   of designated Federal entities,1 to jointly              Finally, CISA sec. 105(b) requires the
                                                  email Matthew Shabat at                                 develop and issue procedures to                        Secretary of Homeland Security and the
                                                  matthew.shabat@hq.dhs.gov or                            facilitate and promote the sharing by the              Attorney General, in consultation with
                                                  telephone on (703) 235–5338. Questions                  Federal Government of classified and                   the Department Heads and Chief Privacy
                                                  may also be directed by mail to Matthew                 unclassified cyber threat indicators,                  and Civil Liberties Officers of the
                                                  Shabat, 245 Murray Lane SW., Mail                       defensive measures, and other                          designated Federal entities, to jointly
                                                  Stop 0610, Washington, DC 20528–                        information and best practices related to              develop and make publicly available
                                                  0610.                                                   mitigating cyber threats. The CISA sec.                interim guidelines relating to privacy
                                                  SUPPLEMENTARY INFORMATION: The CISA
                                                                                                          103(b) requires these procedures to                    and civil liberties that govern the
                                                  requires the Secretary of DHS and the                   include a real-time sharing capability                 receipt, retention, use, and
                                                  Attorney General to jointly develop and                 (namely the DHS Automated Indicator                    dissemination of cyber threat indicators
                                                  make publicly available—                                Sharing (AIS) initiative); incorporate                 by a Federal entity. These privacy and
                                                     • guidance to assist non-Federal                     existing Federal information sharing                   civil liberties guidelines are consistent
                                                  entities and promote sharing of cyber                   processes, procedures, roles, and                      with the Fair Information Practice
                                                  threat indicators with the Federal                      responsibilities to the greatest extent                Principles (FIPPs) set forth in Appendix
                                                  Government;                                             possible; account for sharing done in                  A of the ‘‘National Strategy for Trusted
                                                     • interim and final guidelines for the               error; and protect against unauthorized                Identities in Cyberspace,’’ published by
                                                  protection of privacy and civil liberties;              access to cyber threat information.                    the President in April 2011.
                                                  and                                                     Further, the procedures must account
                                                     • interim and final procedures related               for the review of cyber threat indicators              Issuance of Agency Guidance Required
                                                  to the receipt of cyber threat indicators               to identify personal information not                   Under CISA
                                                  and defensive measures by the                           related to the threat, a technical
                                                                                                                                                                   The CISA guidance documents may
                                                                                                          capability to remove such personal
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                                                  Government, which happen principally                                                                           be found on www.us-cert.gov/ais.
                                                  through the real-time DHS process, the                  information, and a notification process
                                                  existing DHS-operated Automated                         to alert any U.S. person whose personal                  Dated: February 11, 2016.
                                                  Indicator Sharing (AIS) initiative and                                                                         Andy Ozment,
                                                                                                            1 The CISA defines Appropriate Federal Entities
                                                  may also occur through direct                                                                                  Assistant Secretary, Department of Homeland
                                                                                                          as the Departments of Commerce, Defense, Energy,       Security.
                                                  submissions to Federal agencies.                        Homeland Security, Justice, Treasury, and the
                                                     The CISA also requires the Secretary                 Office of the Director of National Intelligence. See   [FR Doc. 2016–03430 Filed 2–17–16; 8:45 am]
                                                  of DHS, the Attorney General, the                       CISA sec. 102(3).                                      BILLING CODE 9110–9P–P




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Document Created: 2016-02-18 07:46:11
Document Modified: 2016-02-18 07:46:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactIf you have questions about this notice, email Matthew Shabat at [email protected] or telephone on (703) 235-5338. Questions may also be directed by mail to Matthew Shabat, 245 Murray Lane SW., Mail Stop 0610, Washington, DC 20528-0610.
FR Citation81 FR 8214 

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