Mr. President, I am so glad the Presiding Officer is in the chair while I am making these remarks. I wish to salute the Presiding Officer for his service in the Senate and his service to the Nation. One knows he is a member of the U.S.…
Mr. President, I am so glad the Presiding Officer is in the chair while I am making these remarks. I wish to salute the Presiding Officer for his service in the Senate and his service to the Nation. One knows he is a member of the U.S. Marine Corps although he no longer wears the uniform. I believe once a marine, always a marine. And his service in Vietnam and to the Nation as Secretary of the Navy is well known and well appreciated. The Presiding Officer has served as a marine in the Marine Corps and as Secretary of the Navy and now in the Senate as a Member of the Democratic Party. The Presiding Officer really serves the Nation.
I come to the floor today to talk about cyber security and the need to pass cyber security legislation this week, in this body. And I come to the floor not as a Democrat, I come to the floor as a patriot.
I say to my colleagues in the Senate that this week, on this floor, the Senate has a rendezvous with destiny. We have pending before us cyber security legislation, a framework to protect critical infrastructure of the dot-com world against cyber attacks from those who have predatory, hostile intent to the United States of America. We are bogged down. We are not moving. We are once again following what has become a usual pattern in the Senate: when all is said and done, more is going to get said than gets done.
But I say to anyone listening and anyone watching, we cannot let that happen. The United States of America is in danger. And this danger is not something in the future. It is not something written in science fiction books. This is not the wave that is going to come. It is happening right now in cyber attacks on our banking services, our personal identity, our trade secrets, and things I will talk about more.
The naysayers here say: We can't pass this bill because it will be overregulation and it will lead to strangulation, and, oh my gosh, we can't ask the private sector to spend one dime on protecting itself.
Well, I respect healthy criticism, but let me say to my friends, because I want them to know that if anything happens to the United States of America--if the grid goes down, if NASDAQ goes down, if our banking system goes down, if we will not be able to function because the streetlights won't be on and we won't be able to turn the electricity on--I will tell you what will happen. Once again, politicians will overreact, we will overregulate, and we will overspend.
In a very judicious, well-thought-out, well-discussed process, we could come up with a legislative framework that would defend the United States of America and at the same time balance that sensible center that another great patriot, Colin Powell, calls us to do: Always look for the middle ground while we look at where we want to go.
There is a cyber war, and I want everybody to know about it. Cyber attacks are happening right now. Cyber terrorists are thinking every single day about attacking our critical infrastructure. There are nation states that want to humiliate and intimidate the United States of America and cause catastrophic economic destruction. How do they want to do it? They want to take over our power grids. They want to disrupt our air traffic control. They want to disrupt the financial functioning of the United States of America. Cyber spies are working at breakneck speed to steal many of our state secrets. Cyber criminals are hacking our networks. So what are we talking about in this bill? We are talking about critical infrastructure.
Now, I am a Senator from Maryland, and the Presiding Officer is a Senator from Virginia. Does he remember that freaky storm a couple weeks ago? Remember Pepco? Oh, boy. I still have my ears ringing from my constituents calling about Pepco. I can tell you what it was like in Baltimore when that freaky storm hit. You couldn't get around when the stoplights were down. It was like the Wild West getting around. You could go into stores--if they were open--and nothing functioned. The lights weren't on. The refrigeration was off. Businesses were losing hundreds of thousands, if not millions of dollars. There were families, like a mother with an infant child and another child, with no electricity for 5 days who went to hotel rooms.
Now, they want to talk about this bill costing too much money? Just look at what it cost the national capital region of the United States of America because of a freaky storm.
It took us 5 days to get the utilities back on because of the utility company, but what happens if our destiny is outside of our control, if cyber terrorists have turned off the lights in America and we can't get them turned back on? It is going to cost too much? Wait until this kind of thing happens. I don't want it to happen, and we can prevent it from happening, and we can do it in a way that understands the needs of business.
I want to understand the needs of small business, but I sure understand the needs of families.
For those who say it is going to cost too much and they have the concerns of the chamber of commerce, fine. I don't want to trash-talk them. My father owned a little neighborhood grocery store. I know what it is like when the electricity goes down. My father lost thousands of dollars because the frozen food melted, lost thousands of dollars when we had a freaky storm because of the refrigeration and his meats and produce went bad. My father lost thousands of dollars years ago in a freaky storm.
This bill means that if we come up with the kind of legislation that we want, we can deal with it. Just remember what critical infrastructure means. It means the financial services. It means the grid. So when there is no power, schools are shut down, businesses are shut down, public transit is crippled, no traffic lights are working. By the way, in Virginia didn't 9-1-1 stop working, and they are still investigating? Don't we love to investigate? Well, right now I don't want to investigate and I don't want to castigate, but I sure want the Senate to be able to get going.
Then there is the issue of financial services. The FBI is currently investigating 400 reported cases of corporate account attacks where cyber criminals have made unauthorized transfers from bank accounts of U.S. businesses. The FBI tells me they are looking at the attempt to steal $255 million and an actual loss of $85 million. Hackers are already going into the New York Stock Exchange, they are already going into NASDAQ in an attempt to shut down or steal information. Gosh, if we allow this to continue, they could attack and cost us billions of dollars.
Does the Presiding Officer remember that in 2010 we had a flash crash? New vocabulary, new things out there. The Dow plunged 1,000 points in a matter of minutes because automatic computer traders shut down. This was the result of turbulent trading. But just imagine if terrorists or nation states that really don't like us--and I am really not going to name them, but we really know who they are--really create flash crashes?
I know there are patriots in this Senate who have been the defenders of the Nation in other wars. They have said themselves that they worry about the Asia Pacific, they worry about China. I worry about China too. So while we are looking at the Defense authorization and appropriations--and people want more aircraft carriers to defend us in the blue waters against China. But what happens if there is a cyber attack? Now, we do know how to protect dot-mil, but don't we also want to protect dot-com in the same way? I think so.
I salute Senators Lieberman and Collins. They have come forth with a bill that does two things from a national security perspective. First of all, it tells business: You can come in voluntarily. There is no mandate to participate. But if you do come in, you will get liability protection.
Wow. In other words, we are actually going to offer incentives. We are actually going to offer good-guy bonuses. We are not going to do it through tax breaks or more things that add to the deficit or debt. We are going to say: Come on in. Participate in both the setting of standards--we want you at the table--and then living by the standards, and for that, you will get liability protection.
There are also those who say: We just don't like Department of Homeland Security being in charge. We worry about a cyber Katrina.
I worried about that too, but I must say that in all of our meetings, we can see that the Department of Homeland Security has made tremendous advances. I have been one of their sharpest critics in this area, and I have been skeptical from the beginning. But now, as we have moved along and listening to Secretary Napolitano and General Alexander, the head of the National Security Agency, on how they can work together honoring the Constitution and civil liberties, I think we have a good bill.
Why do we need this bill? General Alexander, who heads up the National Security Agency and the Cyber Command, says that we are facing attacks and the potential of attacks that are mind-boggling. He talks about the stealing of trade secrets that amounts to the greatest transfer of wealth the country has ever seen. He worries about the security of the grid. He worries about financial services, while he also worries very much about the dot-com.
But we live in the United States of America. We have a constitutional government. Our military, no matter how powerful and how strong, has a responsibility to certain areas, but we need a civilian agency in charge of how to protect dot-com, a civilian agency benefiting from the incredible turbo intellectual and technical power of the National Security Agency.
So we have a bill that offers the framework. I would say, let's have the bill, let's vote for cloture, and let's have regular order with actual germane amendments. We have patriots here, but who are we for? Are we for protecting America or are we for coming up with the same old platitudes that resist any activity of government at all to protect the American people?
I am no Janie-come-lately to this bill. I represent one of the greatest States in America. We are home to the National Security Agency. I have the high honor of being on the Intelligence Committee. I have been working on this topic for almost a decade, and I have watched the threat grow as I watched the technology against us grow in power and the number of people who could attack us in this area.
I sit on the Appropriation Committee, where, as a member of the DOD appropriations, I have been proud to work with both the authorizers and Senator Inouye to stand up for Cyber Command, the Tenth Fleet, which is the cyber fleet, and others relating to it. But also what I have been proud of is being able to take a look at what we do need to do here in terms of everything from workforce to protecting others.
My subcommittee funds the FBI. Working with Director Mueller, I have been able to see up close and personal the growing threats right here in the United States of America, whether cyber criminals can literally invade large banking. I could give example after example. Working also with other departments, we can see that there are cyber-attacks. We need to be able to do this.
I could give other examples and I will do so in the debate, but let me summarize. The attacks are now. The question is, are we going to build a cyber bomb shelter? This is not like the bunkers of old. This is where we work with the private sector. Remember, our grid and our telecommunications are owned and operated by the private sector. We cannot do this without the private sector. We, your government, come together with a legislative framework that is constitutionally sound and legally reliable. The fact is that we will make the best and highest use of our military under that rubric. But at the end of the day we will be able to have a voluntary framework bringing the private sector together with incentives around liability that invite them to participate in the formulation of the regulation, the implementation of the regulation, and living by it. This is not regulation that leads to strangulation, this is regulation that helps them be able to protect the United States of America.
Let me conclude. Everybody says: Gee, what could I do? Could I have protected against an attack on the United States of America? What is the name of that little-known group you didn't know how to spell years ago? Al-Qaida? Would we have done everything in the world to protect against the al-Qaida attack? I certainly would. I say today, if you want to protect against the next big attacks on the United States of America, vote for cloture. Let's have an informed debate. Let's find at the end of the day the sensible center that will give us a constitutional but effective way of defending America.
I yield the floor.
I suggest the absence of quorum.