An Introduction to The Weak Usa Cyber Policy Vs Chinas Security Threat to The Usa

Abstract

A cyber spy network based mainly in China hacked into classified documents from government and private organizations. One of the biggest questions still remains unanswered. Should the U.S. Congress conduct an in depth assessment of Chinese cyber spying and consider imposing tougher penalties on companies that benefit from industrial espionage. In this paper I will review chinas cyber threat and possible USA solutions to protect against the threat.

Could Weak USA Cyber Policy be the cause of Chinas Security Threat?

U.S. corporations and cyber security specialists have reported an daily attack of computer network intrusions originating from China. Of the seven cases that were adjudicated under the Economic Espionage Act in 2010, six involved a link to China. U.S. corporations and cyber security specialists have reported a huge increase of computer network intrusions originating from China. Some of these reports have alleged a Chinese corporate or government sponsor of the activity, but the U.S. intelligence community has not been able to confirm these reports. In a study released in February, McAfee attributed an intrusion attempt they labeled Night Dragon to a Chinese Internet Protocol (IP) address and indicated the intruders stole data from the computer systems of petrochemical companies (Minnick, W. 11 Dec, 2011).

So could the problem be U.S. Cyber policy? I believe congressional committees should conduct an in depth assessment of Chinese cyber espionage practices and their implications, then report the findings to the public so all will be aware. In reviewing the analysis of the commission findings; Congress also should conduct a review of existing legal penalties for companies found to engage in, or benefit from industrial espionage. To address this threat, federal agencies have a key role to play in law enforcement, deterrence, and information sharing.

Since 2000, when the Clinton Administration released its National Plan for Information Systems Protections, every subsequent Presidents explanation of U.S. cyber policy has embraced this idea. The Plan declared that in order for it to succeed, government and the private sector must work together in a partnership. However since the regulation has been in place it has failed to provide the security necessary to protect U.S. critical infrastructure from a cyber attack. Even Congress has been slow to act regarding almost all aspects of cyber policy (Wolf, J. 12 July, 2012). One of the problems facing a comprehensive cyber security bill is that computers have become so omnipresent in our daily lives that they cross every sector of the economy. It is not surprising that application of the laws of war to cyber attacks has recently been a popular topic in politics. Some have even analyzed whether a cyber attack can constitute an armed attack, it can but, whether a cyber attack with a specified effect constitutes a use of force. An example, if the U.S. could prove that Iran absolute sent a computer virus that infected a Wall Street, would dropping a bomb on Iran be justify? A responsible nation must always consider the possibilities of collateral damage in deciding whether an act of self defense is justified, be it cyber or kinetic. While the United States must undoubtedly increase its cyber defense capabilities, the nation cannot retreat behind a Line of firewalls. As in the fight against terrorism, the United States must be vigilant and aggressive in the face of both cyber attacks and cyber espionage. Maybe American companies should avoid doing business with China two all together because of the potential national security threat to the United States. In a recent report, (Do Chinese Tech Firms Pose U.S. Security Threat? It warned that allowing China to manufacture and service telecom equipment it gives China a window into U.S. networks and posed a major security threat (Zarroli. J. Dec 2012).

Multiple federal agencies undertake a wide range of activities in support of cyber security. These agencies include the Departments of Commerce, Justice, and Homeland Security, among others. In addition, both Congress and the Federal Administrations have established interagency mechanisms for better coordinating the protection of critical information structure. Ensuring effective coordination, stricter cyber security will be critical for better protecting the economic security of Americas businesses.

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