legislation as a key tool of the national cybersecurity strategy · 2015. 12. 30. · legislation...

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Legislation as a Key Tool of the National Cybersecurity Strategy Legislation to make us stronger, but where is the right balance? Costas Efthymiou Office of the Commissioner of Electronic Communications and Postal Regulation http://www.ocecpr.org.cy 2 November 2015

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Page 1: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Legislation as a Key Tool of the

National Cybersecurity Strategy

Legislation to make us stronger,

but where is the right balance?

Costas Efthymiou

Office of the Commissioner of Electronic Communications and Postal Regulation

http://www.ocecpr.org.cy

2 November 2015

Page 2: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Overview

Legislation as a Key Tool of the National Cybersecurity Strategy 2

National Cybersecurity Strategy (NCS)

Where could legislation be used in a NCS?

Drivers (new and existing)

Example – Electronic Communications

Is legislation the answer to everything?

Page 3: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Information Society – Digital Cyprus

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Infrastructure and Services Development

Application Development

Access to Content

Network and Information

Security

Citizen Participation

Trust

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 4: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

National Cybersecurity Strategy

(NCS)

4

Legal Framework

Technical and administrative measures

Capability Development

Incident Response

Coordination of public stakeholders

Effective public-private collaboration

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 5: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Strategy Targets – everything?

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Where is the use of legislation appropriate?

Risks to what? Protect what?

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 6: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Cyprus NCS Building Blocks

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v1! Legislation as a Key Tool of the National Cybersecurity Strategy

Page 7: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Critical Information Infrastructures

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CIIs - Critical in the same way?

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Telecommunications, Energy, Transport, Food,

Water, Banking & Finance, Government...and

more...

What makes an infrastructure critical?

Do sector specificities actually matter in

terms of a comprehensive approach to security?

Yes, critical sectors can vary wildly in terms of

ICT infrastructure, but so what?

Level of criticality shouldn’t matter

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 9: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Legislation - Current Major Drivers

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Strategy itself (Action 4 – Legal Framework)

Action 2 – Structures

Action 7 – Identification of CIIs

Risk assessment

Action 9 – National Cybersecurity Framework

Actions 10,11 – CERTs/CSIRTs

Action 16 – National Contingency Plan

Related Activities

Notifications (Security and privacy breaches)

Minimum security measures

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 10: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Legislation – Upcoming Drivers

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EU NIS Directive (coming soon!)

Key legislative tool of the European Cybersecurity

Strategy

Binds nation states to have a strategy and a national

CERT, with specific content and competencies

Extension of incident notification requirements to

most (if not all) critical information infrastructures

+ minimum security measures?

Closer collaboration with other Member States in

terms of combating large scale cyber threats

Cybercrime, Cyberdefence, External Affairs

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 11: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Example – Supervision of Electronic

Communications Providers

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Many security measures required...

...but how can the application of these measures be

supervised?

Options*:

Mandating or recommending a security standard

Assessing compliance across the market

Taking a staged approach to supervision

Auditing providers (periodically, at random, and/or

post-incident) * from survey carried out by ENISA, reported in ‘Technical Guideline on Security

Measures’, ENISA, April 2014

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 12: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Example - CIIs

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As above – many options, associated cost, but

many potential benefits

NIS Directive will increase the obligations

To what extent should we legislate?

Collaboration is the target

Win-win!

Information sharing

TRUST!!!

Legislation as a Key Tool of the National Cybersecurity Strategy

Page 13: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

To summarise...

Legislation can be used as a key tool in a

number of application areas within the

National Cybersecurity Strategy

Supervision

Standards

Minimum security measures

Homogeneous approach (government)

Critical Information Infrastructures

Crisis management

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Page 14: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

... And Final Message

For cybersecurity, the usefulness of

legislation can only be maximised when it

is used as part of a holistic approach

Legislation

Voluntary Actions

Awareness

Mutual Support

TRUST!

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Page 15: Legislation as a Key Tool of the National Cybersecurity Strategy · 2015. 12. 30. · Legislation – Upcoming Drivers 10 EU NIS Directive (coming soon!) Key legislative tool of the

Thank You!

OCECPR - http://www.ocecpr.org.cy

Costas Efthymiou Tel. +35722693169 [email protected]

15 Legislation as a Key Tool of the National Cybersecurity Strategy