The following thesis analyzes the current political environment and how it affects the opportunity to pass cybersecurity legislation. In order to do so, a brief timeline of cyber attacks is given to show that cybersecurity has come from a science fiction topic, to one of reality and great importance. Without the excuse of not understanding the threat, the study moves on to analyzing the cybersecurity bills proposed in the 111th Congress, the support, and the paths each bill took on the way to passage. Although not one piece of legislation was passed, this study can be used to learn lessons for the 112th Congress. This analysis leads to a set of recommendations. The first, that the Senate should pass a comprehensive bill. This bill should include general principles and goals that can guide future cybersecurity legislation. Further analysis supports the use of the membership in the Senate Homeland Security and Governmental Affairs Committee to power the legislation through the legislative process and garner support from both parties.
Identifying the mistakes or hurdles that the 111th Congress faced in legislating cybersecurity policy will validate the claim that cybersecurity is not unlike anything the United States has seen. It is to some degree more difficult to legislate because of the immense size and integration into everyday life; however, it is not changing the game itself. Cybersecurity is seeing the same struggles, to some degree, as other advances in technology and security threats they presented. This thesis will make comparisons to said advancements as it makes its analysis of cybersecurity legislation and recommendations to the 112th Congress.