Sec. 101. Definitions
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/bill/113/hr/1468/ih/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term agency has the meaning given the term in section 3502 of title 44, United States Code. The term antitrust laws — has the meaning given the term in section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) ); includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that section 5 of that Act applies to unfair methods of competition; and includes any State law that has the same intent and effect as the laws under subparagraphs
(A)and (B). The term countermeasure means an automated or a manual action with defensive intent to mitigate cyber threats. The term cyber threat information means information that indicates or describes— a technical or operation vulnerability or a cyber threat mitigation measure; an action or operation to mitigate a cyber threat; malicious reconnaissance, including anomalous patterns of network activity that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat; a method of defeating a technical control; a method of defeating an operational control; network activity or protocols known to be associated with a malicious cyber actor or that signify malicious cyber intent; a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to inadvertently enable the defeat of a technical or operational control; any other attribute of a cybersecurity threat or cyber defense information that would foster situational awareness of the United States cybersecurity posture, if disclosure of such attribute or information is not otherwise prohibited by law; the actual or potential harm caused by a cyber incident, including information exfiltrated when it is necessary in order to identify or describe a cybersecurity threat; or any combination of subparagraphs
(A)through (I). The term cybersecurity center means the Department of Defense Cyber Crime Center, the Intelligence Community Incident Response Center, the United States Cyber Command Joint Operations Center, the National Cyber Investigative Joint Task Force, the National Security Agency/Central Security Service Threat Operations Center, the National Cybersecurity and Communications Integration Center, and any successor center. The term cybersecurity system means a system designed or employed to ensure the integrity, confidentiality, or availability of, or to safeguard, a system or network, including measures intended to protect a system or network from— efforts to degrade, disrupt, or destroy such system or network; or theft or misappropriations of private or government information, intellectual property, or personally identifiable information. The term entity means any private entity, non-Federal Government agency or department, or State, tribal, or local government agency or department (including an officer, employee, or agent thereof). The term entity includes a government agency or department (including an officer, employee, or agent thereof) of the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. The term Federal information system means an information system of a Federal department or agency used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. The term information security means protecting information and information systems from disruption or unauthorized access, use, disclosure, modification, or destruction in order to provide— integrity, by guarding against improper information modification or destruction, including by ensuring information nonrepudiation and authenticity; confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; or availability, by ensuring timely and reliable access to and use of information. The term information system has the meaning given the term in section 3502 of title 44, United States Code. The term local government means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State. The term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose of discerning technical vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat. The term operational control means a security control for an information system that primarily is implemented and executed by people. The term operational vulnerability means any attribute of policy, process, or procedure that could enable or facilitate the defeat of an operational control. The term private entity means any individual or any private group, organization, or corporation, including an officer, employee, or agent thereof. The term significant cyber incident means a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in— the exfiltration from a Federal information system of data that is essential to the operation of the Federal information system; or an incident in which an operational or technical control essential to the security or operation of a Federal information system was defeated. The term technical control means a hardware or software restriction on, or audit of, access or use of an information system or information that is stored on, processed by, or transiting an information system that is intended to ensure the confidentiality, integrity, or availability of that system. The term technical vulnerability means any attribute of hardware or software that could enable or facilitate the defeat of a technical control. The term tribal has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ).
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