White House Issues Presidential Directive Coordinating Government Response To 'Cyber Incidents'

On July 26, 2016, President Obama issued a new Presidential Directive setting forth the framework for how the United States (US) federal government will respond to "cyber incidents," whether involving government or private sector entities. The new directive (PPD-41):

Outlines guiding principles governing the federal government's response to "cyber incidents"; Sets forth the concurrent lines of effort federal agencies shall undertake in responding to any "cyber incident," whether private or public; Identifies the ways the federal government will coordinate its activities in responding to "significant cyber incidents," including the establishment of lead US federal agencies; and Requires the US Departments of Justice (DOJ) and Homeland Security (DHS) to maintain updated contact information for public use to assist entities impacted by "cyber incidents" in reporting those incidents to the proper authorities. Definitions

Cyber Incident: PPD-41 defines "cyber incident" as an event "occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon." Significant Cyber Incident: PPD-41 defines a "significant cyber incident" as one that is "likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the American people." Guiding Principles

In carrying out its incident response activities, the federal government is to be guided by the following principles:

Shared Responsibility: Individuals, the private sector, and government agencies have a "shared vital interest and complementary roles and responsibilities" in protecting the US from malicious cyber activity and managing cyber incidents and their consequences. Risk-Based Response: The federal government will determine its response actions on an "assessment of the risks posed to an entity, our national security, foreign relations, the broader economy, public confidence, civil liberties, or the public health and safety of the American people." Respecting Affected Entities: Federal government responders will "safeguard details of the incident," to the extent permitted under law, as well as "privacy and civil...

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