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

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Private Sector and Education Critical
Infrastructure Protection Rod Nydam, JDPrivate
Sector ProgramsCritical Infrastructure
Protection ProjectGeorge Mason University School
of LawEDUCAUSE CONFERENCE

• April 7, 2005

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Critical Infrastructure ProtectionCIP Program -
Private Sector Programs
CIP Program
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

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US Critical Infrastructures - HSPD 7
85-90 Critical Infrastructure owned by Private
Sector
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Complicating Factors (Examples)

• Infrastructure interdependencies
• Business and economic impediments
• Legal impediments
• Cross-border dependencies
• The globalization of business
• The rise of stateless adversaries

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Private Sector Critical Infrastructure Protection
Organization
Department of Homeland Security
SECTOR-SPECIFIC AGENCIES U.S. FEDERAL GOVERNMENT
GMU
Education Others
FEMA
Treasury
EPA
DOE
Interior
HHS
TSA
USDA
Commerce
DOD
DOT
Sector Coordination Policy,
Strategy, Decision Making
Information Sharing Mechanisms
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Private Sector Coordination Council Structure
X Sector
X SCC
Functions
Information Sharing (ISAC, ISAM, HSIN)
Best Practices Issue Development
RD Etc.
Outreach

• Most sectors have an RD aspect to identify
  needs. Increasingly, this group will be
  established to coordinate communicate with
  government driven RD and hopefully universities.

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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 RD
• Coordinates with and supports the efforts of the
  sectors coordinating council to plan, implement
  and execute sector-wide security and also to
  support the nations homeland security mission.
• Leverages complementary resources within
  government and between government and industry.

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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
-
Government
Sector
Government
Sector
Sector 1
Sector 1
Sector 1
Sector 1
Coordinating Council
Coordinating Council
Coordinating Council
Coordinating Council
Government
Sector
Government
Sector
Sector 2
Sector 2
Sector 2
Sector 2
Coordinating Council
Coordinating Council
Coordinating Council
Coordinating Council
Government
Sector
Government
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
Sector
Government
Sector
Sector 17
Sector 17
Sector 17
Sector 17
Coordinating Council
Coordinating Council
Coordinating Council
Coordinating Council
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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 RD Studies, Safe Harbor
  Legislation
• International law - Lack of Consistency

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CIP - EDUCATIONS ROLE

• Crucial Functions/Capabilities
• Protection
• RD
• Almost every aspect of prevention/detection/mitiga
  tion 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

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CIP - EDUCATIONS ROLE

• RD
• Coordination
• Government
• Private Sector
• Other Universities
• Protection of Sensitive Research
• Tension between academic freedom and security

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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_at_gmu.edu