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April 7, 2005

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. Critical Infrastructure Protection CIP Program - Private Sector Programs.

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April 7, 2005

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  1. Private Sector and Education Critical Infrastructure Protection Rod Nydam, JDPrivate Sector ProgramsCritical Infrastructure Protection ProjectGeorge Mason University School of LawEDUCAUSE CONFERENCE April 7, 2005

  2. Critical Infrastructure ProtectionCIP Program - Private Sector Programs CIP Program Law & Economics Private Sector Programs . National Capitol Region Project • Private Sector Critical Infrastructure Coordination • Sector Coordinating Councils • Information Sharing Mechanisms and Entities • Water Sector • Food and Agriculture • Healthcare • Dams/Locks

  3. Government Services Healthcare Postal & Shipping Transportation Electric Power Commercial Facilities (Education) Critical Infrastructures Telecommunications Emergency Services Chemical Oil & Gas Water Food and Agriculture Information Technology Banking & Finance US Critical Infrastructures - HSPD 7 *85-90% Critical Infrastructure owned by Private Sector

  4. Complicating Factors (Examples) • Infrastructure interdependencies • Business and economic impediments • Legal impediments • Cross-border dependencies • The globalization of business • The rise of “stateless” adversaries

  5. Govern- ment Food & Ag. Energy Electricity Banking & Finance Emergency Services Chemical Health- care Postal & Shipping IT & Telecom Transport-ation Water Other Private Sector Critical Infrastructure Protection Organization Department of Homeland Security SECTOR-SPECIFIC AGENCIES: U.S. FEDERAL GOVERNMENT GMU Education Others Treasury EPA FEMA DOE Interior USDA DOD HHS Commerce TSA DOT = Sector Coordination: Policy, Strategy, Decision Making = Information Sharing Mechanisms

  6. 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” Sector “X” SCC Functions: Information Sharing (ISAC, ISAM, HSIN) Best Practices Issue Development R&D Etc. Outreach

  7. 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. National Infrastructure Protection PlanSector Engagement Framework • STATE HOMELAND SECURITY ADVISORS • LOCAL & REGIONAL PLANS ROLES AND INTERPLAYBEING DEFINED NIPP Leadership NIPP Leadership Council Council Government Cross-Sector Council Private Sector Cross Sector Council - Sector Sector Government Government Sector 1 Sector 1 Sector 1 Sector 1 Coordinating Council Coordinating Council Coordinating Council Coordinating Council Government Government Sector Sector Sector 2 Sector 2 Sector 2 Sector 2 Coordinating Council Coordinating Council Coordinating Council Coordinating Council Government Government Sector Sector Sector 3 Sector 3 Sector 3 Sector 3 Coordinating Council Coordinating Council Coordinating Council Coordinating Council Sector Sector Government Government etc etc etc etc Coordinating Council Coordinating Council Coordinating Council Coordinating Council Sector Sector Government Government Sector 16 Sector 16 Sector 16 Sector 16 Coordinating Council Coordinating Council Coordinating Council Coordinating Council Government Government Sector Sector Sector 17 Sector 17 Sector 17 Sector 17 Coordinating Council Coordinating Council Coordinating Council Coordinating Council

  9. 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. 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. CIP - EDUCATION’S ROLE R&D • Coordination • Government • Private Sector • Other Universities • Protection of Sensitive Research • Tension between academic freedom and security

  12. 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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