The IoT Cybersecurity Improvement Act has been officially signed into law. The bipartisan legislation, sponsored by Reps. Robin Kelly, D-Ill., and Will Hurd, R-Texas, and Sens. Mark Warner, D-Va., and Cory Gardner, R-Colo., requires that any IoT device purchased with government money meet minimum security standards.
Reportedly, the Act would address the supply chain risk to the federal government stemming from insecure IoT devices by establishing light-touch, minimum security requirements for procurement of connected devices by the government, and specifically:
- Require the National Institute of Standards and Technology (NIST) to publish standards and guidelines on the use and management of IoT devices by the federal government, including minimum information security requirements for managing cybersecurity risks associated with IoT devices.
- Direct the Office of Management and Budget (OMB) to review federal government information security policies and make any necessary changes to ensure they are consistent with NIST’s recommendations.
- Require NIST and OMB to update IoT security standards, guidelines and policies at least every five years.
- Prohibit the procurement or use by federal agencies of IoT devices that do not comply with these security requirements, subject to a waiver process for devices necessary for national security, needed for research or that are secured using alternative and effective methods.
- Require NIST to publish guidelines for reporting security vulnerabilities relating to federal agency information systems, including IoT devices.
- Direct OMB to develop and implement policies that are necessary to address security vulnerabilities relating to federal agency information systems, including IoT devices, consistent with NIST’s published guidelines.
- Require contractors providing IoT devices to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated.
How does the bill impact the cybersecurity landscape, and will the Act really improve the cyber infrastructure of the federal government? Here’s what cyber executives had to say:
Peter Monahan, Director, Global Solutions Architecture at WhiteHat Security, a San Jose, Calif.-based provider of application security: “The application layer of most IoT technologies is critical to its successful implementation, providing the ability to install, operate, manage and update the device as well as connect it to other integrated systems. These applications are no less susceptible to security vulnerabilities than traditional web or mobile applications, and this new legislation puts forth a requirement for identifying and communicating such vulnerabilities.
The majority of IoT applications are also designed to interact with any number of application programming interfaces (APIs), which may also be equally susceptible to security weaknesses, but which are frequently developed and distributed by external third parties. This creates a significant challenge in summarizing the overall security posture of any particular device, depending upon its intended implementation by the Federal Government.
Interestingly, the Act makes a provision to allow for the device to be “secured using alternative and effective methods” [Sec 7, subsection (a)(1)(C)]; the implication here is that the burden of identifying and reporting security vulnerabilities for IoT devices may in fact fall to the providers of these IoT devices, and that any connected APIs will need to be similarly tested in conjunction with external third parties involved in the creation of these layered services.”
Stefano De Blasi, Threat Researcher at Digital Shadows, a San Francisco-based provider of digital risk protection solutions: “The rapid, and ongoing, expansion in the Internet of Things (IoT) is undoubtedly making our lives more efficient and productive – and it will most likely continue to do so in the coming years thanks to the gradual deployment of 5G connectivity. However, connecting these devices to our private corporate networks expands the attack surface and potentially exposes sensitive data such as medical records, personally identifiable information, and workplace plans.
One of the main problems with IoT security at the present is that the rush to market often de-prioritizes security measures that need to be built into our devices. This issue has made many IoT devices low-hanging fruits for criminals interested in stealing sensitive data and accessing exposed networks. Additionally, criminals can exploit vulnerable products, by leveraging their computing power, and orchestrate massive IoT botnet campaigns to disrupt traffic on targeted services and to spread malware.
The IoT Cybersecurity Improvement Act certainly represents a welcomed step forward in ensuring that IoT devices are properly protected before they are connected to high-priority networks, such as those used in government facilities. Not only does this act demonstrates awareness of this crucial security issue, but it also sets an important precedent that can – and should – inspire other countries and organizations to follow.”
Terence Jackson, Chief Information Security Officer at Thycotic, a Washington D.C. based provider of privileged access management (PAM) solutions: “While this is to be applauded, it appears that the bills initial focus is only on IoT devices procured and used by the Federal government. He adds, “While IoT devices used on government networks are important, legislation mandating the security of all IoT devices would have gone further in providing a more comprehensive approach to IoT device safety. This may in fact create increased sales for companies as they may introduce “Government” grade IoT devices that will cost more. It will be interesting to see if companies improve the security of their consumer grade products as a result of this standard.”
Chris Hazelton, Director of Security Solutions at Lookout, a San Francisco, Calif.-based provider of mobile security solutions: “With the rise of 5G there will be an increasing number of devices that are always connected, and so will always be under threat of cybersecurity attack. The Hurd-Kelly bill will require IoT devices used by US government agencies to meet a security guidelines set by NIST. IoT devices are growing in diversity in terms of capabilities and price points, so there is pressure on manufacturers to rush devices to market, which means they often cut corners to maintain margins.
Cybersecurity is often seen as a last minute and costly add on that manufacturers skimp on. Hundreds of millions of devices and network hardware have been delivered to market with simple default admin passwords. This creates a massive attack surface for any organization that deploys and relies on these connected devices.
NIST has put in place guidelines for implementing mobile security for smartphones and tablets, and these guidelines have even been adopted broadly, including outside of government such as professional sports teams. Guidelines from NIST on IoT security will create helpful guidelines that service both government and commercial sectors to improve their cybersecurity strategies for all endpoints.”
Chris Morales, head of security analytics at Vectra, a San Jose, Calif.-based provider of technology which applies AI to detect and hunt for cyber attackers: “The short answer is that the IoT Cybersecurity Improvement Act is good. IoT manufacturers have been building devices based on cost and speed to market with no though to security. The exposed attack surface of all these devices is crippling. There are some basic things that should be required, like an ability to patch devices, authentication, and secure coding practices.
Vendors should also be held accountable for the data they collect and store from all these devices, which is held in some cloud storage. This cloud storage of data is a high value target for attackers, so the security practice of the manufacturer themselves needs to also come into question. How is the manufacturer monitoring for intrusions in their own network?”
To establish minimum security standards for Internet of Things devices
owned or controlled by the Federal Government, and for other
purposes. <<NOTE: Dec. 4, 2020 - [H.R. 1668]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Internet of
Things Cybersecurity Improvement Act of 2020. 15 USC 271 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet of Things Cybersecurity
Improvement Act of 2020'' or the ``IoT Cybersecurity Improvement Act of
2020''.
SEC. 2. <<NOTE: 15 USC 278g-3a note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) ensuring the highest level of cybersecurity at agencies
in the executive branch is the responsibility of the President,
followed by the Director of the Office of Management and Budget,
the Secretary of Homeland Security, and the head of each such
agency;
(2) this responsibility is to be carried out by working
collaboratively within and among agencies in the executive
branch, industry, and academia;
(3) the strength of the cybersecurity of the Federal
Government and the positive benefits of digital technology
transformation depend on proactively addressing cybersecurity
throughout the acquisition and operation of Internet of Things
devices by the Federal Government; and
(4) consistent with the second draft National Institute for
Standards and Technology Interagency or Internal Report 8259
titled ``Recommendations for IoT Device Manufacturers:
Foundational Activities and Core Device Cybersecurity Capability
Baseline'', published in January 2020, Internet of Things
devices are devices that--
(A) have at least one transducer (sensor or
actuator) for interacting directly with the physical
world, have at least one network interface, and are not
conventional Information Technology devices, such as
smartphones and laptops, for which the identification
and implementation of cybersecurity features is already
well understood; and
(B) can function on their own and are not only able
to function when acting as a component of another
device, such as a processor.
SEC. 3. <<NOTE: 15 USC 278g-3a.>> DEFINITIONS.
In this Act:
[[Page 134 STAT. 1002]]
(1) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(2) Director of omb.--The term ``Director of OMB'' means the
Director of the Office of Management and Budget.
(3) Director of the institute.--The term ``Director of the
Institute'' means the Director of the National Institute of
Standards and Technology.
(4) Information system.--The term ``information system'' has
the meaning given that term in section 3502 of title 44, United
States Code.
(5) National security system.--The term ``national security
system'' has the meaning given that term in section 3552(b)(6)
of title 44, United States Code.
(6) Operational technology.--The term ``operational
technology'' means hardware and software that detects or causes
a change through the direct monitoring or control of physical
devices, processes, and events in the enterprise.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Security vulnerability.--The term ``security
vulnerability'' has the meaning given that term in section
102(17) of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501(17)).
SEC. 4. <<NOTE: 15 USC 278g-3b.>> SECURITY STANDARDS AND
GUIDELINES FOR AGENCIES ON USE AND MANAGEMENT
OF INTERNET OF THINGS DEVICES.
(a) National Institute of Standards and Technology Development of
Standards and Guidelines for Use of Internet of Things Devices by
Agencies.--
(1) <<NOTE: Deadline. Publication.>> In general.--Not later
than 90 days after the date of the enactment of this Act, the
Director of the Institute shall develop and publish under
section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) standards and guidelines for the Federal
Government on the appropriate use and management by agencies of
Internet of Things devices owned or controlled by an agency and
connected to information systems owned or controlled by an
agency, including minimum information security requirements for
managing cybersecurity risks associated with such devices.
(2) Consistency with ongoing efforts.--The Director of the
Institute shall ensure that the standards and guidelines
developed under paragraph (1) are consistent with the efforts of
the National Institute of St andards and Technology in effect on
the date of the enactment of this Act--
(A) regarding--
(i) examples of possible security
vulnerabilities of Internet of Things devices; and
(ii) considerations for managing the security
vulnerabilities of Internet of Things devices; and
(B) with respect to the following considerations for
Internet of Things devices:
(i) Secure Development.
(ii) Identity management.
(iii) Patching.
(iv) Configuration management.
(3) Considering relevant standards.--In developing the
standards and guidelines under paragraph (1), the Director
[[Page 134 STAT. 1003]]
of the Institute shall consider relevant standards, guidelines,
and best practices developed by the private sector, agencies,
and public-private partnerships.
(b) Review of Agency Information Security Policies and Principles.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 180
days after the date on which the Director of the Institute
completes the development of the standards and guidelines
required under subsection (a), the Director of OMB shall review
agency information security policies and principles on the basis
of the standards and guidelines published under subsection (a)
pertaining to Internet of Things devices owned or controlled by
agencies (excluding agency information security policies and
principles pertaining to Internet of Things of devices owned or
controlled by agencies that are or comprise a national security
system) for consistency with the standards and guidelines
submitted under subsection (a) and issue such policies and
principles as may be necessary to ensure those policies and
principles are consistent with such standards and guidelines.
(2) Review.--In reviewing agency information security
policies and principles under paragraph (1) and issuing policies
and principles under such paragraph, as may be necessary, the
Director of OMB shall--
(A) <<NOTE: Consultation.>> consult with the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security;
and
(B) ensure such policies and principles are
consistent with the information security requirements
under subchapter II of chapter 35 of title 44, United
States Code.
(3) National security systems.--Any policy or principle
issued by the Director of OMB under paragraph (1) shall not
apply to national security systems.
(c) <<NOTE: Deadlines.>> Quinquennial Review and Revision.--
(1) Review and revision of nist standards and guidelines.--
Not later than 5 years after the date on which the Director of
the Institute publishes the standards and guidelines under
subsection (a), and not less frequently than once every 5 years
thereafter, the Director of the Institute, shall--
(A) review such standards and guidelines; and
(B) revise such standards and guidelines as
appropriate.
(2) <<NOTE: Consultation.>> Updated omb policies and
principles for agencies.--Not later than 180 days after the
Director of the Institute makes a revision pursuant to paragraph
(1), the Director of OMB, in consultation with the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, shall update any policy or
principle issued under subsection (b)(1) as necessary to ensure
those policies and principles are consistent with the review and
any revision under paragraph (1) under this subsection and
paragraphs (2) and (3) of subsection (b).
(d) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised as necessary to implement any
standards and guidelines promulgated in this section.
[[Page 134 STAT. 1004]]
SEC. 5. <<NOTE: 15 USC 278g-3c.>> GUIDELINES ON THE DISCLOSURE
PROCESS FOR SECURITY VULNERABILITIES RELATING
TO INFORMATION SYSTEMS, INCLUDING INTERNET OF
THINGS DEVICES.
(a) <<NOTE: Deadline. Consultation. Publication.>> In General.--Not
later than 180 days after the date of the enactment of this Act, the
Director of the Institute, in consultation with such cybersecurity
researchers and private sector industry experts as the Director
considers appropriate, and in consultation with the Secretary, shall
develop and publish under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) guidelines--
(1) for the reporting, coordinating, publishing, and
receiving of information about--
(A) a security vulnerability relating to information
systems owned or controlled by an agency (including
Internet of Things devices owned or controlled by an
agency); and
(B) the resolution of such security vulnerability;
and
(2) for a contractor providing to an agency an information
system (including an Internet of Things device) and any
subcontractor thereof at any tier providing such information
system to such contractor, on--
(A) receiving information about a potential security
vulnerability relating to the information system; and
(B) disseminating information about the resolution
of a security vulnerability relating to the information
system.
(b) Elements.--The guidelines published under subsection (a) shall--
(1) to the maximum extent practicable, be aligned with
industry best practices and Standards 29147 and 30111 of the
International Standards Organization (or any successor standard)
or any other appropriate, relevant, and widely-used standard;
(2) incorporate guidelines on--
(A) receiving information about a potential security
vulnerability relating to an information system owned or
controlled by an agency (including an Internet of Things
device); and
(B) disseminating information about the resolution
of a security vulnerability relating to an information
system owned or controlled by an agency (including an
Internet of Things device); and
(3) be consistent with the policies and procedures produced
under section 2009(m) of the Homeland Security Act of 2002 (6
U.S.C. 659(m)).
(c) Information Items.--The guidelines published under subsection
(a) shall include example content, on the information items that should
be reported, coordinated, published, or received pursuant to this
section by a contractor, or any subcontractor thereof at any tier,
providing an information system (including Internet of Things device) to
the Federal Government.
(d) Oversight.--The Director of OMB shall oversee the implementation
of the guidelines published under subsection (a).
(e) <<NOTE: Consultation.>> Operational and Technical Assistance.--
The Secretary, in consultation with the Director of OMB, shall
administer the implementation of the guidelines published under
subsection (a) and provide operational and technical assistance in
implementing such guidelines.
[[Page 134 STAT. 1005]]
SEC. 6. <<NOTE: Consultation. 15 USC 278g-3d.>> IMPLEMENTATION OF
COORDINATED DISCLOSURE OF SECURITY
VULNERABILITIES RELATING TO AGENCY INFORMATION
SYSTEMS, INCLUDING INTERNET OF THINGS DEVICES.
(a) <<NOTE: Deadline.>> Agency Guidelines Required.--Not later than
2 years after the date of the enactment of this Act, the Director of
OMB, in consultation with the Secretary, shall develop and oversee the
implementation of policies, principles, standards, or guidelines as may
be necessary to address security vulnerabilities of information systems
(including Internet of Things devices).
(b) Operational and Technical Assistance.--Consistent with section
3553(b) of title 44, United States Code, the Secretary, in consultation
with the Director of OMB, shall provide operational and technical
assistance to agencies on reporting, coordinating, publishing, and
receiving information about security vulnerabilities of information
systems (including Internet of Things devices).
(c) Consistency With Guidelines From National Institute of Standards
and Technology.--The Secretary shall ensure that the assistance provided
under subsection (b) is consistent with applicable standards and
publications developed by the Director of the Institute.
(d) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised as necessary to implement the
provisions under this section.
SEC. 7. <<NOTE: 15 USC 278g-3e.>> CONTRACTOR COMPLIANCE WITH
COORDINATED DISCLOSURE OF SECURITY
VULNERABILITIES RELATING TO AGENCY INTERNET OF
THINGS DEVICES.
(a) Prohibition on Procurement and Use.--
(1) <<NOTE: Determination.>> In general.--The head of an
agency is prohibited from procuring or obtaining, renewing a
contract to procure or obtain, or using an Internet of Things
device, if the Chief Information Officer of that agency
determines during a review required by section 11319(b)(1)(C) of
title 40, United States Code, of a contract for such device that
the use of such device prevents compliance with the standards
and guidelines developed under section 4 or the guidelines
published under section 5 with respect to such device.
(2) <<NOTE: Applicability.>> Simplified acquisition
threshold.--Notwithstanding section 1905 of title 41, United
States Code, the requirements under paragraph (1) shall apply to
a contract or subcontract in amounts not greater than the
simplified acquisition threshold.
(b) Waiver.--
(1) <<NOTE: Determination.>> Authority.--The head of an
agency may waive the prohibition under subsection (a)(1) with
respect to an Internet of Things device if the Chief Information
Officer of that agency determines that--
(A) the waiver is necessary in the interest of
national security;
(B) procuring, obtaining, or using such device is
necessary for research purposes; or
(C) such device is secured using alternative and
effective methods appropriate to the function of such
device.
(2) Agency process.--The Director of OMB shall establish a
standardized process for the Chief Information Officer of each
agency to follow in determining whether the waiver under
paragraph (1) may be granted.
[[Page 134 STAT. 1006]]
(c) Reports to Congress.--
(1) <<NOTE: Time period.>> Report.--Every 2 years during
the 6-year period beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall submit
to the Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report--
(A) on the effectiveness of the process established
under subsection (b)(2);
(B) <<NOTE: Recommenda- tions.>> that contains
recommended best practices for the procurement of
Internet of Things devices; and
(C) <<NOTE: Lists.>> that lists--
(i) <<NOTE: Time period.>> the number and
type of each Internet of Things device for which a
waiver under subsection (b)(1) was granted during
the 2-year period prior to the submission of the
report; and
(ii) the legal authority under which each such
waiver was granted, such as whether the waiver was
granted pursuant to subparagraph (A), (B), or (C)
of such subsection.
(2) Classification of report.--Each report submitted under
this subsection shall be submitted in unclassified form, but may
include a classified annex that contains the information
described under paragraph (1)(C).
(d) Effective Date.--The prohibition under subsection (a)(1) shall
take effect 2 years after the date of the enactment of this Act.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBERSECURITY
CONSIDERATIONS STEMMING FROM THE CONVERGENCE
OF INFORMATION TECHNOLOGY, INTERNET OF THINGS,
AND OPERATIONAL TECHNOLOGY DEVICES, NETWORKS,
AND SYSTEMS.
(a) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General of the United
States shall provide a briefing to the Committee on Oversight and Reform
of the House of Representatives, the Committee on Homeland Security of
the House of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate on broader Internet of Things
efforts, including projects designed to assist in managing potential
security vulnerabilities associated with the use of traditional
information technology devices, networks, and systems with--
(1) Internet of Things devices, networks, and systems; and
(2) operational technology devices, networks, and systems.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit a report to the
[[Page 134 STAT. 1007]]
Committee on Oversight and Reform of the House of Representatives, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the Senate on
broader Internet of Things efforts addressed in subsection (a).
Approved December 4, 2020.
LEGISLATIVE HISTORY--H.R. 1668 (S. 734):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-501, Pt. 1 (Comm. on Oversight and Reform).
SENATE REPORTS: No. 116-112 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 734.
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 14, considered and passed House.
Nov. 17, considered and passed Senate.
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