A Look at Israel’s New Draft Cybersecurity Law

From: Council on Foreign Relations |  Net Politics and Digital and Cyberspace Policy Program

The Israeli government wants to forge a new type of relationship with the private sector to combat cyber threats. The means by which it will do so might prove controversial. 

Deborah Housen-Couriel is an independent cybersecurity researcher and a member of the advisory board of the Hebrew University Cyber Security Research Center, where she teaches cybersecurity law and policy.

Last month, the Israeli government published the draft of its long-anticipated cybersecurity law and issued a call for public comment, which closes on July 11. The draft represents years of consultation and debate around the country’s approach to cybersecurity. It combines elements of existing cybersecurity legislation and policy with several significant innovations, including some controversial broadening of powers of the lead government agency for cybersecurity, the National Cyber Directorate (NCD).

As in other countries, responsibility for Israel’s cybersecurity falls across several government ministries and private sector organizations. In 2011, the government created the NCD, tasking it with coordinating national cybersecurity efforts and policy; and made it directly accountable to the prime minister. Under the proposed law, the NCD’s position will be strengthened by a bolstering of its leadership role in assessing national cyber risks, planning for national preparedness and resilience, and providing guidance to government agencies and the Israeli private sector. For instance, the NCD’s current supervisory powers over other government regulators have been minimal and constrained by legacy regulation. Under the proposed law, the NCD is specifically charged with enhanced authority to issue national guidance on cybersecurity matters, even within the scope of other regulators in areas such as finance, health, transport, energy and communications.

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