Enacted Cybersecurity Law
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Feb 20, 2024
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Enacted Cybersecurity Law
Mateo Moore
Grand Canyon University
CYB-220: Cyber Law and Privacy in a Digital Age
Professor Preston Rich
11/12/2023
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Abstract
This analysis explores the legislative landscape surrounding U.S. Federal Law S.770, commonly known as the NIST Small Business Cybersecurity Act, enacted during the 115th Congress. Anchored in the U.S. Constitution's Articles I, II, III, and the Fourteenth Amendment, the legislative process reflects the legal system's effort to adapt to the rapidly evolving field of cybersecurity. S.770, with the intent of bolstering the cybersecurity resilience of small businesses, entrusts the National Institute of Standards and Technology (NIST) with the development of voluntary guidelines. The effectiveness of S.770 is evaluated in the context of its
legislative journey, the evolving cybersecurity landscape, and the ongoing need for adaptability in addressing emerging threats.
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Enacted Cybersecurity Law
The United States' legislative process is deeply ingrained in the Constitution's structure, delineating the powers of the legislative, executive, and judicial branches. As technology advances, the legal framework must evolve to confront emerging challenges, notably in the realm
of cybersecurity (Smith, 2018). S.770, the NIST Small Business Cybersecurity Act, emerged during the 115th Congress as a response to the escalating cyber threats faced by small businesses. This analysis assesses the legislative intent behind S.770 and examines the legal system's endeavor to accommodate technological advancements.
Purpose of S.770 - NIST Small Business Cybersecurity Act:
S.770 addresses the specific vulnerabilities of small businesses in the face of cyber threats. The law's primary objective is to fortify the cybersecurity posture of small enterprises by leveraging the expertise of the National Institute of Standards and Technology (NIST) (U.S. Congress, 2018). Small businesses, often lacking the resources of larger counterparts, are susceptible targets for cyber adversaries. The intent of S.770 is to bridge this vulnerability gap by
providing voluntary guidelines that are practical, scalable, and tailored to the unique challenges faced by small businesses.
Legislative Process and Adaptation to Cybersecurity Advances:
The legislative process behind S.770 reflects a nuanced response to the rapid evolution of
technology and the increasing sophistication of cyber threats. From its introduction to committee deliberations, floor debates, and eventual enactment, the bill underwent the traditional legislative
journey. However, the specificity in designating NIST for the development of cybersecurity
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guidelines highlights a recognition of the need for specialized knowledge in the legislative framework.
As technology continues to outpace traditional legislative cycles, the inclusion of NIST underscores a strategic move to incorporate external expertise. This approach acknowledges that the complexities of cybersecurity demand more than traditional legislative measures. The legal system's adaptation to the accelerating pace of technological advancements is evident in its willingness to collaborate with entities possessing specialized knowledge (Franceschi-Bicchierai,
2018).
Effectiveness Assessment:
The effectiveness of S.770 rests on its ability to influence positive changes in small businesses' cybersecurity practices. The voluntary nature of the guidelines empowers businesses to tailor cybersecurity measures to their specific contexts, recognizing that a one-size-fits-all approach is impractical. Success lies in the widespread adoption of these guidelines, translating them from theoretical best practices to practical risk mitigation strategies.
Scholarly resources emphasize the importance of agility in cybersecurity strategies (Reardon & Cole, 2019). The law's effectiveness will be determined by its impact on small businesses' cybersecurity resilience, incident response capabilities, and overall risk mitigation. It necessitates ongoing evaluation to ensure that the guidelines remain current and relevant in the face of evolving cyber threats.
Conclusion
S.770, the NIST Small Business Cybersecurity Act, encapsulates the legal system's effort to adapt to the rapid evolution of technology within the constitutional framework. Rooted in
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Articles I, II, III, and the Fourteenth Amendment, the law strategically addresses the cybersecurity challenges faced by small businesses. The voluntary guidelines, developed in collaboration with NIST, reflect an acknowledgment of the need for specialized knowledge in the
legislative process. The ongoing evaluation and adaptation of S.770 are critical elements in ensuring its relevance and effectiveness. As the cybersecurity landscape continues to evolve, the legal system's ability to respond dynamically to emerging threats will determine the law's ultimate impact on enhancing the cybersecurity posture of small businesses. S.770 stands as a testament to the legal system's commitment to addressing contemporary challenges, reflecting a proactive approach in leveraging external expertise to navigate the complexities of cybersecurity in the digital age.
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References
Franceschi-Bicchierai, L. (2018). Small Businesses Will Be Offered Free Cybersecurity Help. https://www.cyberscoop.com/nist-small-business-cybersecurity-act/
Reardon, M., & Cole, E. (2019). Cybersecurity Capacity Building in Small Businesses: A Case Study. In Proceedings of the 2019 ACM SIGMIS Conference on Computers and People Research (pp. 167-174).
Smith, D. E. (2018). Cybersecurity: It’s All About the Business. Journal of Business Technology Law, 14(1), 51-71.
U.S. Congress. (2018). S.770 - NIST Small Business Cybersecurity Act. https://www.congress.gov/bill/115th-congress/senate-bill/770/
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