On Thursday, the U.S. Senate failed to pass a motion to end debate on the Cybersecurity Act of 2012 by a vote of 52-46. Sponsors were unable to muster the 60 votes required to move forward with the legislation, following heavy lobbying against the bill by the U.S. Chamber of Commerce, the financial industry, and other interested constituencies, and despite an aggressive, coordinated push from the White House. The vote was principally along party lines, with several notable exceptions. The press of election season and impending adjournment in September likely means the bill will not be taken up again until after the November elections. 

From a financial, reputational, and national security standpoint, the mandate for critical infrastructure and other companies handling personal data remains the same. Companies need a top-down, forward-leaning, integrated, cross-border, robust information security strategy, which is implemented across corporate departments (not isolated in technology or legal), and reflects active engagement with third parties who connect to corporate networks and handle corporate data.

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Cybersecurity Act of 2012 Advances in Senate, July 27, 2012

 

Photo of Jennifer Archie Jennifer Archie

A 20-year member of the Washington, D.C. Litigation Department, Jennifer Archie advises some of the largest online brands and US corporations on a broad array of privacy and data security matters, investigations, and lawsuits. Her specific areas of expertise and interest include representing…

A 20-year member of the Washington, D.C. Litigation Department, Jennifer Archie advises some of the largest online brands and US corporations on a broad array of privacy and data security matters, investigations, and lawsuits. Her specific areas of expertise and interest include representing companies before the US Federal Trade Commission in response to agency investigations of consumer marketing or privacy practices, defending privacy and deceptive practices lawsuits, rendering practical privacy and security advice for global companies in consultation with her colleagues in Europe and elsewhere, advising on individual marketing and promotional campaigns with a special focus on social media and social gaming, and advising global businesses on (authorized) data collection, use, storage, and export practices.