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Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Private Sector.

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Presentation on theme: "Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Private Sector."— Presentation transcript:

1 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Private Sector and Education Critical Infrastructure Protection Rod Nydam, JD Private Sector Programs Critical Infrastructure Protection Project George Mason University School of Law EDUCAUSE CONFERENCE April 7, 2005

2 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School CIP Program Critical Infrastructure Protection CIP Program - Private Sector Programs Law & Economics National Capitol Region Project Private Sector Programs. Private Sector Critical Infrastructure Coordination Sector Coordinating Councils Information Sharing Mechanisms and Entities Water Sector Food and Agriculture Healthcare Dams/Locks

3 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School US Critical Infrastructures - HSPD 7 Critical Infrastructures Water Transportation Oil & Gas Banking & Finance Electric Power Commercial Facilities (Education) Emergency Services Government Services Telecommunications Information Technology Food and Agriculture Chemical Healthcare Postal & Shipping *85-90% Critical Infrastructure owned by Private Sector

4 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Complicating Factors (Examples)  Infrastructure interdependencies  Business and economic impediments  Legal impediments  Cross-border dependencies  The globalization of business  The rise of “stateless” adversaries

5 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Private Sector Critical Infrastructure Protection Organization Department of Homeland Security = Information Sharing Mechanisms = Sector Coordination: Policy, Strategy, Decision Making FEMATreasuryEPADOE HHSTSAUSDACommerce Interior DODDOT Education Others SECTOR-SPECIFIC AGENCIES: U.S. FEDERAL GOVERNMENT Energy Electricity Transport -ation Water Postal & Shipping H ealth- care Govern- ment Food & Ag. Emergency Services Chemical Banking & Finance IT & Telecom Other GMU

6 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Private Sector Coordination Council Structure  Most sectors have an R&D aspect to identify needs. Increasingly, this group will be established to coordinate communicate with government driven R&D and hopefully universities. “X” SCC Information Sharing (ISAC, ISAM, HSIN) Best Practices Issue Development R&D Etc. Outreach “X” Sector Functions:

7 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School Government Coordinating Council Counterpart to SCC for each critical infrastructure – Goals: Interagency coordination at operating level-supported by partnership between DHS/SSAs and appropriate supporting state and federal agencies Provides coordinated communication, issues development and implementation among government and between the government and the sector – INCLUDING R&D Coordinates with and supports the efforts of the sector’s coordinating council to plan, implement and execute sector-wide security and also to support the nation’s homeland security mission. Leverages complementary resources within government and between government and industry.

8 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School National Infrastructure Protection Plan Sector Engagement Framework NIPP Leadership Council Government Coordinating Council Sector Coordinating Council - Sector 16 Sector 1 Sector 2 Sector 3 Sector 17 etc Sector 16 Sector 1 Sector 2 Sector 3 Sector 17 etc Government Coordinating Council Government Coordinating Council Government Coordinating Council Government Coordinating Council Government Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council NIPP Leadership Council Government Cross-Sector Council Government Coordinating Council Sector Coordinating Council Private Sector Cross Sector Council Sector 16 Sector 1 Sector 2 Sector 3 Sector 17 etc STATE HOMELAND SECURITY ADVISORS LOCAL & REGIONAL PLANS Sector 16 Sector 1 Sector 2 Sector 3 Sector 17 etc Government Coordinating Council Government Coordinating Council Government Coordinating Council Government Coordinating Council Government Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council Sector Coordinating Council ROLES AND INTERPLAY BEING DEFINED

9 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School CIP Private Sector Legal Issues  FOIA FACA and PCII Defining the scope and applicability – Private sector concerns about disclosure.  Cost recovery Is there a sufficient business case? Pay but not oversee?  Liability Tort, Contract Securities (SOX) Other – Discovery of R&D Studies, Safe Harbor Legislation  International law - Lack of Consistency  Others: Antitrust, Economic espionage and trade secrets, Privacy, Technology transfer, State/local statutes, Etc.

10 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School CIP - EDUCATION’S ROLE Crucial Functions/Capabilities:  Protection R&D  Almost every aspect of prevention/detection/mitigation is addressed in the University System in one way or another Centers of Excellence Specialty Labs Legal, Economic, Business and “Soft Sciences”  Response Huge capacities (people, facilities, etc) Facility and Technical Capabilities  Risk Sensitive Technology Population Centers Computer Capabilities/Vulnerabilities

11 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School CIP - EDUCATION’S ROLE R&D  Coordination Government Private Sector Other Universities  Protection of Sensitive Research Tension between academic freedom and security

12 Critical Infrastructure Protection Critical Infrastructure Protection Private Sector Programs April 7, 2005 Rod Nydam, JD, GMU Law School CIP Private Sector and Education Issues DISCUSSION QUESTIONS & ANSWERS Rod Nydam, JD Associate Director GMU Law School CIP Private Sector Programs 703-993-4861 Rnydam@gmu.edu

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