Critical Information Infrastructure Protection and the Law: An Overview of Key Issues

All critical infrastructures are increasingly dependent on the information infrastructure for information management, communications, and control functions. Protection of the critical information infrastructure (CIIP), therefore, is of prime concern. To help with this step, the National Academy of Engineering asked the NRC to assess the various legal issues associated with CIIP. These issues include incentives and disincentives for information sharing between the public and private sectors, and the role of FOIA and antitrust laws as a barrier or facilitator to progress. The report also provides a preliminary analysis of the role of criminal law, liability law, and the establishment of best practices, in encouraging various stakeholders to secure their computer systems and networks.