Professor
Peter Swire, Moritz College of Law at Ohio State University, testified at last week’s Senate Homeland Security hearing on the
state of federal privacy and data security laws. While his testimony addressed a range of issues concerning federal agency privacy and data practices, his first key point had to do with the
importance to cybersecurity legislation of the Senate to confirm the five nominees for the Privacy and Civil Liberties Oversight Board (PCLOB). Professor Swire explained:
The importance of implementing the Board becomes even greater, however, due to the expanded information sharing in the proposed cybersecurity legislation. A key purpose behind that legislation is to enhance information sharing as a tool for fighting cyber-attacks. A key safeguard is for the Board to scrutinize this type of information sharing. In my view, putting the Board in place should be a required component of approving cybersecurity legislation.
(
Peter Swire testimony at the Senate Committee on Homeland Security and Governmental Affairs hearing, “State of Federal Privacy and Data Security Law: Lagging Behind the Times?”, July 31, 2012)
Three days after his testimony, Professor Swire reported in his blog post on
Concurring Opinions, “Tonight the U.S. Senate confirmed four of the five nominees for the Privacy and Civil Liberties Oversight Board.” In this post, Professor Swire went on to point out that the board appointments are incomplete. The PCLOB lacks a chair. “The lack of a chair matters. … The Board can now begin its work. But it needs a Chairman, and it needs staff. The Senate has more work to do on this.” (“
4 Confirmed (at last) for Privacy and Civil Liberties Oversight Board,”
Concurring Opinions, August 3, 2012)
Professor Swire is an internationally recognized expert in the fields of privacy, computer security, and the law of cyberspace. He has worked on technology and other issues in the White House under both Presidents Clinton and Obama. Professor Swire has published extensively and testifies regularly before the Congress.
