Washington, D.C. (05/23/2022) – An article recently published in The Hill outlines the concerns from former National Security Agency General Counsel Glenn S. Gerstell regarding the threat that the American Innovation and Choice Online Act (AICOA) presents to U.S. cybersecurity and how the legislation could hamstring the ability of U.S. businesses to protect critical American online infrastructure.
Before we regulate Big Tech, let’s make sure we don’t hurt national security
By: Glenn S. Gerstell
May 19, 2022
…But some of the provisions in the bills might inadvertently undercut the ability to do that. Endangering cybersecurity on our major social media and commercial online platforms, which are critical to almost every aspect of our personal and commercial lives, is a national security risk.
We should be even more wary about these risks now in view of President Biden’s statement in late March that Russia was “exploring options for potential cyberattacks” — an unprecedented cyber warning by a commander in chief. Apart from the Russian cyber threat, we’re already struggling in our cyber battle against the spy agencies and ransomware gangs operating in China, North Korea and Iran – with American schools, hospitals and businesses everyday suffering data thefts and ransomware attacks. We need to make sure our nation’s cyber infrastructure is in a better position to fend off increasingly sophisticated attacks.
Yet there’s concern that the two bills recently reported out by the Senate Judiciary Committee – the American Innovation and Choice Online Act (S.2992) and the Open App Markets Act (S.2710) – could in fact increase cybersecurity risks. The bills would restrict some operating abilities of the Big Tech platforms and force them to redesign their systems, for example, to allow business users (which could include foreign entities) to have more open access to the platform’s proprietary software, thus theoretically encouraging interoperability and cutting down the competitive benefits of that software.
To read the full article, click here.
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