"Over the course of the last year, a host of cyberattacks has been perpetrated on a number of high
profile American companies. The high profile cyberattacks of 2014 and early 2015 appear to be
indicative of a broader trend: the frequency and ferocity of cyberattacks are increasing, posing
grave threats to the national interests of the United States. While considerable debate exists with
regard to the best strategies for protecting America’s various cyber-systems and promoting
cybersecurity, one point of general agreement amongst cyber-analysts is the perceived need for
enhanced and timely exchange of cyber-threat intelligence both within the private sector and
between the private sector and the government. Nonetheless, there are many reasons why entities
may opt to not participate in a cyber-information sharing scheme, including the potential liability
that could result from sharing internal cyber-threat information with other private companies or
the government. More broadly, the legal issues surrounding cybersecurity information sharing—
whether it be with regard to sharing between two private companies or the dissemination of
cyber-intelligence within the federal government—are complex and have few certain resolutions.
In this vein, this report examines the various legal issues that arise with respect to the sharing of
cybersecurity intelligence, with a special focus on two distinct concepts: (1) sharing of cyberinformation
within the government’s possession and (2) sharing of cyber-information within the
possession of the private sector..."
Cybersecurity and information sharing
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