Critical Cybersecurity Information Sharing Law Set to Expire: What Houston Organizations Need to Know

A crucial piece of U.S. cybersecurity legislation, the Cybersecurity Information Sharing Act of 2015 (often called “2015 CISA” to differentiate it from the Cybersecurity and Infrastructure Security Agency), is set to expire on September 30, 2025. This law, which has served as the foundation for information sharing between the government and private sector for the past decade, will sunset unless Congress takes action to renew it. The potential expiration raises significant concerns about the future of cybersecurity collaboration at a time when cyber threats continue to grow in sophistication and severity.

 Understanding the Cybersecurity Information Sharing Act

The Cybersecurity Information Sharing Act was enacted in December 2015 in response to major cyber incidents, including the Office of Personnel Management data breach that exposed the personal information of millions of federal employees. The law established a framework for voluntary information sharing about cybersecurity threats between private companies and the federal government, as well as among private entities.

Key provisions of the 2015 CISA include:

1. Legal Protections: The law provides liability protection for companies that share cyber threat indicators and defensive measures with the government and other businesses.
2. Privacy Safeguards: Companies are required to remove personal information before sharing cyber threat indicators, and the Department of Homeland Security must conduct privacy reviews of received information.
3. Usage Limitations: The government may only use shared information for specific cybersecurity purposes, identifying threat sources, preventing certain cybersecurity threats, and responding to serious threats.
4. Information Sharing Mechanisms: The law established protocols for sharing threat information through the Department of Homeland Security’s automated systems.

 Significance of the Law

Over the past decade, the 2015 CISA has become a cornerstone of national cybersecurity strategy, facilitating critical information sharing during major cyber incidents. According to industry leaders from the financial services, energy, and technology sectors, “This voluntary information-sharing framework has been instrumental in strengthening our collective defense against cybersecurity threats that continue to grow in sophistication and severity.”

The law has enabled several key developments in cybersecurity collaboration:

1. Joint Cyber Defense Collaborative: The legislation supports the Cybersecurity and Infrastructure Security Agency’s (CISA) Joint Cyber Defense Collaborative, which brings together federal agencies, state and local governments, and private sector entities to coordinate cyber defense operations.
2. Information Sharing and Analysis Centers (ISACs): The law has strengthened various industry-specific ISACs, which serve as trusted hubs for sharing threat intelligence within sectors.
3. Cross-Sector Collaboration: As noted by Heather Hogsett of the Bank Policy Institute, the law forms “the foundation for not just how we collaborate with government but across industry.” Under this framework, the financial services sector expanded collaboration with other industry sectors.
4. Incident Response Coordination: The legal protections have facilitated rapid information sharing during major cyber incidents, enabling more effective and coordinated responses.

 Potential Impact of Expiration

If Congress fails to reauthorize the 2015 CISA before the September 30 deadline, the implications for cybersecurity information sharing could be significant:

1. Chilling Effect on Information Sharing: Without the liability protections provided by the law, organizations may become reluctant to share sensitive threat information, fearing legal repercussions. Industry groups warn that “The expiration of these protections risks creating a chilling effect on this critical information exchange—leaving us all more vulnerable to nation-state attacks and cybercriminals moving forward.”
2. Impact on Related Legislation: The expiration could undermine other cybersecurity initiatives that rely on the 2015 CISA framework. For example, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 depends on the information-sharing protections established in the 2015 law.
3. Reduced Visibility into Threats: Government agencies may lose access to valuable threat intelligence from the private sector, potentially limiting their ability to identify and respond to emerging cyber threats.
4. Fragmented Defense Posture: Without a unified framework for information sharing, cybersecurity efforts could become more siloed, making it harder to coordinate responses to widespread threats.

 Renewal Efforts and Potential Changes

Several renewal initiatives are currently underway in Congress. Senators Gary Peters (D-MI) and Mike Rounds (R-SD) have introduced legislation to extend the law for another ten years. According to Senator Peters, “As cybersecurity threats grow increasingly sophisticated, information sharing is not just valuable — it remains essential for our national security.”

While some advocates are pushing for a straightforward renewal, others suggest the law should be updated to address current cybersecurity challenges. Industry experts and policymakers have proposed several potential enhancements:

1. Expanding the Definition of “Cybersecurity Purpose”: Some suggest broadening the scope to cover cyber frauds and scams, which are currently not included.
2. Clarifying “Defensive Measures”: The law could benefit from clearer guidance on what kinds of defensive measures companies can share without violating the Computer Fraud and Abuse Act.
3. Addressing Modern Threats: Updates could incorporate lessons learned from major incidents like the SolarWinds breach and the CrowdStrike outage.
4. Enhancing Privacy Protections: While privacy violations have not materialized as some feared, strengthened privacy safeguards could address lingering concerns.

The path to renewal may be complicated by political factors. The law was originally passed with bipartisan support, but the current political climate is more polarized. Some lawmakers who opposed the original legislation, citing privacy concerns, remain in Congress and may resist renewal efforts.

 Recommendations for Organizations

As the expiration date approaches, organizations should consider the following steps:

1. Stay Informed: Monitor congressional actions regarding the renewal of the 2015 CISA and understand how potential changes might affect your organization’s information-sharing practices.
2. Review Information-Sharing Policies: Evaluate your current threat intelligence sharing procedures and consider how they might need to be adjusted if the law expires or is significantly modified.
3. Engage with Industry Groups: Participate in relevant industry associations and information-sharing communities that are advocating for the law’s renewal.
4. Prepare Contingency Plans: Develop alternative approaches for sharing and receiving threat intelligence in case the legal protections are not renewed.
5. Strengthen Internal Security Measures: While information sharing is valuable, ensure your organization maintains robust internal security controls that don’t solely rely on external threat intelligence.

 How CinchOps Can Help

At CinchOps, we understand the critical importance of threat intelligence sharing in maintaining a strong cybersecurity posture. As the potential expiration of the 2015 CISA approaches, we’re prepared to help your organization navigate the changing landscape:

1. Policy and Compliance Guidance: Our experts can help you understand how changes to the law might affect your information-sharing practices and develop compliant policies.
2. Threat Intelligence Solutions: We offer robust threat intelligence platforms that enable secure sharing while maintaining appropriate privacy and security controls.
3. Industry Collaboration: Through our extensive network of industry partners, we can help you stay connected to relevant threat information even if formal sharing mechanisms are disrupted.
4. Security Assessment and Enhancement: We can evaluate your current security posture and recommend improvements that reduce reliance on external threat intelligence.
5. Monitoring and Response: Our 24/7 security operations center provides continuous monitoring and rapid response capabilities to protect your systems from emerging threats.

Don’t wait until the 2015 CISA expires to consider the implications for your organization’s cybersecurity strategy. Contact CinchOps today to schedule a consultation and develop a plan for maintaining strong threat intelligence capabilities regardless of legislative changes.

By partnering with CinchOps, you gain access to our decades of experience in navigating regulatory changes and implementing effective security solutions that adapt to the ever-changing threat landscape.

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