nationalsecuritylaw DOD/DHS memorandum of understanding re cybersecurity

* DOD/DHS memorandum of understanding re cybersecurity

A very interesting document for those of you following the cybersecurity debate, particularly as it relates to the problem of reconciling the desire to take advantage of DOD’s personnel, assets, and expertise with the fear of involving the military too much in domestic affairs.
Joint Statement by Secretary Gates and Secretary Napolitano on Enhancing Coordination to Secure America’s Cyber Networks

"Reflecting President Obama’s strong commitment to building an administration-wide approach to combating threats to our cyber networks and infrastructure, the Department of Defense (DoD) and the Department of Homeland Security (DHS) have signed a memorandum of agreement that will align and enhance America’s capabilities to protect against threats to our critical civilian and military computer systems and networks.

"Effective cybersecurity means protecting critical networks against a wide range of state and non-state actors that do not adhere to physical borders.

"With this memorandum of agreement, effective immediately, we are building a new framework between our departments to enhance operational coordination and joint program planning. It formalizes processes in which we work together to protect our nation’s cyber networks and critical infrastructure, and increases the clarity and focus of our respective roles and responsibilities. The agreement embeds DoD cyber analysts within DHS to better support the National Cybersecurity and Communications Integration Center (NCCIC) and sends a full-time senior DHS leader to DoD’s National Security Agency, along with a support team comprised of DHS privacy, civil liberties and legal personnel. The agreement will ensure both agencies’ priorities and requests for support are clearly communicated and met.

"This structure is designed to put the full weight of our combined capabilities and expertise behind every action taken to protect our vital cyber networks, without altering the authorities or oversight of our separate but complementary missions. We will improve economy and efficiency by better leveraging vital technologies and personnel to serve both departments’ missions in full adherence to U.S. laws and regulation. This memorandum of agreement furthers our strong commitment to protecting civil liberties and privacy.

"We look forward to building on this vitally important step toward greater collaboration as we continue to work together on new and better ways to protect our economy and critical networks against evolving threats by those who seek to harm the United States."

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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