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)

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, 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.
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    \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).
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    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