Sec. 2. Definitions
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/bill/113/s/2588/pcs/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: 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 appropriate Federal entities means the following: The Department of Commerce. The Department of Defense. The Department of Energy. The Department of Homeland Security. The Department of Justice. The Department of the Treasury. The Office of the Director of National Intelligence. The term countermeasure means an action, device, procedure, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that prevents or mitigates a known or suspected cybersecurity threat or security vulnerability. The term cybersecurity purpose means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability. The term cybersecurity threat means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system. The term cyber threat indicator means information that is necessary to indicate, describe, or identify— malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability; a method of defeating a security control or exploitation of a security vulnerability; a security vulnerability; 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 unwittingly enable the defeat of a security control or exploitation of a security vulnerability; malicious cyber command and control; the actual or potential harm caused by an incident, including information exfiltrated when it is necessary in order to describe a cybersecurity threat; any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or any combination thereof. Except as provided in subparagraph (B), the term electronic format means information that is shared through electronic mail, an interactive form on an Internet website, or a real time, automated process between information systems. The term electronic format does not include voice or video communication. The term entity means any private entity, non-Federal government agency or department, or State, tribal, or local government agency or department (including a political subdivision, 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 entity does not include a foreign power as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). The term Federal entity means a department or agency of the United States, or any component, officer, employee, or agent of such a department or agency. The term information system — has the meaning given the term in section 3502 of title 44, United States Code; and includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. The term local government means any borough, city, county, parish, town, township, village, or other political subdivision of a State. The term malicious cyber command and control means a method for unauthorized remote identification of, access to, or use of, an information system or information that is stored on, processed by, or transiting an information system. The term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose of discerning security vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat. The term monitor means to obtain, identify, or otherwise possess information that is stored on, processed by, or transiting an information system. The term private entity means any individual or private group, organization, proprietorship, partnership, trust, cooperative, corporation, or other commercial or nonprofit entity, including an officer, employee, or agent thereof. The term private entity does not include a foreign power as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). The term security control means the management, operational, and technical controls used to protect the confidentiality, integrity, and availability of an information system or its information. The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security 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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