The approaches to promote critical infrastructure protection in Japan

The approaches to promote critical infrastructure protection in Japan are illustrated below:

1. Coverage of Critical Information Infrastructure

In the "Action Plan on Information Security Measures for Critical Infrastructure" promulgated by the Information Security Policy Council (ISPC) in 2005, critical infrastructure is defined as: Critical infrastructure which offers the highly irreplaceable service in a commercial way is necessary for people's normal lives and economic activities, and if the service is discontinued or the supply is deficient or not available, it will seriously influence people's lives and economic activities. Based on the definition of the action plan, the critical infrastructure contains: telecommunication systems, administration services of the government, finance, civil aviation, railway, logistics, power, gas, water, and medical services

2. Promoted Relevant Policies of The Past

The issues regarding the CIIP are gradually being developed with the norm of information social security policy in Japan. Adopting the Action Plan of the Basic Guidelines Toward the Promotion of an Advanced Information and Telecommunications Society of 1998 proposed by the Japanese government in 1998 as a basis. The Japanese government keeps presenting polices of improvement for the relevant issues in order to acquire the stable development of telematics and telecommunications. Several years later, the Ministry of Economy, Trade, and Industry (METI) announced the Comprehensive Strategy on Information Security in 2003. The formulation of the strategy not only emphasizes the possible telematics-related risks and protection against threats that may be encountered in the information society, but it also enhances the level of information security to the level of national security and presents a comprehensive information security improvement program. Furthermore, the submission of the strategy has identified government’s responsibility in the development of information security Therefore, a division which is solely responsible for information security was established in the Cabinet Secretariat and is devoted to the development of it.

In 2005, the Ministry of Economy, Trade, and Industry (METI) amended the Comprehensive Strategy on Information Security and announced the First National Strategy on Information Security based on the creation of a policy of a long-term information security task in Japan which is also the foundation for the policy of guidelines and action security concerning critical information infrastructure. This is in addition to being the most important basis for the policy of information security development. The strategy is different from the Comprehensive Strategy on Information Security in connotation. In the range of information security protection, it not only maintains information security from the perspective of the government; for instance, to divide the rights and duties on information security protection practices between the central government and the local government, and to strengthen the capacity of the government to solve emergencies such as cyber attacks, but it also tries to employ the public-private partnership on the CIIP issue to construct an extensive information security protection and to develop a Capability for Engineering of Protection, Technical Operation, Analysis and Response (CEPTOAR): one similar to the ISAC of America, to strengthen the information sharing and analysis of information security of all industry involved. According to the strategy, the METI established the Information Security Policy Council (ISPC) and the National Information Security Center (NISC) under the subordination of the Cabinet Secretariat in order to reach a goal of dependable society of information security.1

Finally, the information security policies more directly related with the CIIP are the Action Plan on Information Security Measures for Critical Infrastructure and the Standards for Information Security Measures for the Central Government Computer Systems, both of which regulate CI-related threats, information security standards, public-private partnership information sharing system, and the levels of information security standards between different governments and critical infrastructures, respectively.


3. Oraganization Framework

Generally speaking, the Cabinet Secretariat is the main division of the CIIP and the information security for the Japanese government, while the ISPC and the NISC established under the Cabinet Secretariat in 2005 are the core organizations for the development of the CIIP policy. In addition, the National Policy Agency (NPA) and the Ministry of Internal Affairs and Communications (MIC) also played an important role in assisting the Cabinet Secretariat with critical infrastructure protection. The part of public-private partnership is covered by the CEPTOAR which takes the responsibility for information sharing and analysis of information security between the government and private organizations.

4. Notification System

For critical infrastructure protection, Japan has set up a warning and notification system in addition to the emphasis on fundamental information security protection. With the concept of public-private partnership, various messages related with information security are analyzed and shared in order to prevent information security incidents from occurring. The network of notification system in Japan mainly consists of several organizations as listed below.

(1) National Incident Response Team

The National Incident Response Team (NIRT) which is the information security office under the Cabinet Secretariat in the organization framework belongs to the Computer Emergency Response Team (CERT)2 and is first in line in the government to handle internet emergencies. According to the Action Plan for Ensuring e-Government's IT Security, the NIRT which consists of 17 experts from the government and the private organizations is responsible to (1) accurately understand and analyze emergencies, (2) develop technical strategies to solve and rehabilitate emergencies to prevent incidents from reoccurrence, (3) provide other governmental organizations the assistance to solve the information security issue, (4) collect and analyze information or intelligence so that effective solutions and strategies may be provided when an incident happens, (5) provide the governmental organization with professional knowledge and information, and (6) enhance and improve all knowledge pertinent to information security.

The Japan Computer Emergency Response Team Coordination Center (JPCERT/cc) is the first Computer Security Incident Response Team (CSIRT) established in Japan. It consists of internet service suppliers, security products/service suppliers, governmental agencies, and associations of industry & commerce. The JPCERT/CC is also a member of the Asia Pacific Computer Emergency Response Team (APCERT) and a member of the Forum of Incident Response and Security Teams (FIRST). It coordinates and integrates prevention measures pertinent to information security and is consistent with other CSIRTs.

(3) Telecom Information Sharing and Analysis Center

In Japan, besides the mechanism responsible to notify the government, which functions as a bridge for communication between it and all those outside of it, the mechanism of information sharing and notification is also established among industries to provide each with a channel for information exchange and consultation. In 2001, Japan established the Telecom Information Sharing and Analysis Center Japan (Telecom-ISAC Japan). In addition to real-time inspection for computer intrusion incidents and conducting information collection and analysis, the Telecom-ISAC Japan proposes to e-government many suggestions related with the Transact-SQL issue as well. The reasons for launching the Telecom-ISAC are to instantaneously detect a computer intrusion incident, and to instantaneously gather and analyze its information, and then exchange this with other telecom carriers and offer them relevant countermeasures for precaution; so that in can reach the goal of ensuring telecom security since it is an important infrastructure concerning social economy.

(4) Cyber Force

The reasons for launching the Cyber Force are to maintain the security to use the internet by regularly "patrolling" it, searching for evidence of internet crime, and to notify the critical infrastructure operators about any unusual internet use so as to prevent the occurrence of cyber terror attacks. The Cyber Force also assists operators to solve and diminish the damage and influences when an incident occurs.

(5) Portal Site of National Police Agency

The National Police Agency owns the portal site "@police". It exists to prevent large-scale cyber emergencies and to provide gathered information concerning information security to government. In addition to providing the techniques related with the safe use of computer networks, @police is also dedicated to educating internet users about the concept of information security and to increase security awareness.

(6) Ministry of Economy, Trade and Industry

Since 1990, the Ministry of Economy, Trade and Industry (METI) has cooperated with the JPCERT/CC and the Information Technology Promotion Agency (IPA) to provide reports on virus, intrusion, and the damage caused by them, to remind the public to pay attention.

5. Legal Norms

The laws regarding critical infrastructure protection in Japan are illustrated as follows:

(1) Unauthorized Computer Access Law of 1999

The Unauthorized Computer Access Law includes various conducts such as cyber intrusion, and data thefts, into the norms of criminal punishment to deter cyber crimes from spreading in order to ensure the safety of the critical information infrastructure.

(2) Act on Electronic Signatures and Certification Business of 2000

With the formulation of the Act on Electronic Signatures and Certification Business, the smooth promotion of the electronic signature system is ensured and the circulation and process of electronic communication can be fostered further.

(3) Basic Law on Formation of an Advanced Information and Telecommunication Network Society of 2001

Through the formulation of the Basic Law on Formation of an Advanced Information and Telecommunication Network Society, the legal basis to execute an information technology policy is enhanced, and the direction and job content for the government to execute this policy is explicitly stated.

1.http://www.nisc.go.jp/eng/pdf/national_strategy_001_eng.pdf(last accessed date: 2009/07/20).

2.http://www.nisc.go.jp/en/sisaku/h1310action.html(last accessed date: 2009/07/20).

※The approaches to promote critical infrastructure protection in Japan,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=55&tp=2&i=169&d=6123 (Date:2024/10/24)
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This constitutes the legal issue of “acting as agent for both parties” under Article 106 of the Civil Code. However, the payment collector/forwarder performs the contract of sale and purchase for the buyer and the seller. Therefore the exception provided under Article 106 of the Civil Code is applicable. 3.Payment Custody Mechanism under Third-Party Payment (1)Overview The important value of a third-party payment mechanism is that it provides a credit guarantee between the buyer and seller. Through a third-party payment organization, the buyer receives the merchandize and then sends an instruction to the third party payer for the price previously provided to the third party payer to be forwarded to the seller. Although the buyer and the seller cannot verify each other’s creditworthiness and the quality of the merchandize face-to-face, through third party payment, the buyer can be assured that the merchandize will be received after the price is paid. 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An exception is trust by declaration for the purpose of public interest under Article 71 of the Trust Act. Below we discuss the structure and feasibility of providing third-party payment service through trust. 3-2-1Third-Party Payer Acts as Trustee When a third-party payer acts as the trustee of under the contract of trust and the buyer that pays the price under an Internet transaction designates it as the principal and the beneficiary, a trust for self benefit is formed. It is a trust with a purpose. The purpose of the trust is to transfer the price of sale and purchase. The seller is also the beneficiary. According to the “principle of identified beneficiary” under the laws of Taiwan as long as the beneficiary is identifiable, even though many transactions may be formed with many sellers after the buyer registers to use third-party payment service, a contract of trust can still be formed. However, in accordance with Article 2 of the Trust Act, unless the principal has reservations in the contract of trust, the termination of a trust for the benefit of others is subject to the consent of the beneficiary. So it is simpler to process under a trust for one’s own benefit. Diagram 2 Diagram of trust relationship under third-party payment (where the third-party payer is the trustee) Source: Prepared by author To form a contract of trust, in accordance with Articles 9 to 12 of the Trust Act, the fund entrusted by the service user to the third party to be forwarded becomes trust property and can be effectively segregated from bankruptcy. If the trustee is bankrupt, the trust property will not be included in the bankruptcy property, and the creditors of the trustee cannot enforce upon the trust property, providing more protection for the user of third-party payment service. Also, in accordance with Article 24, the principal shall manage the trust property and the principal’s own property separately. A monetary trust can be managed by keeping separate accounts. So if a contract of trust is formed under a contract of third-party payment service, it can ensure proper accounting of trust property by the service provider. Also, in accordance with Paragraph 2, Article 9, property right acquired by the trustee through the management, disposal, loss, destruction or other event of the trust property remains part of the trust property. Therefore, proceeds received from the deposit by third-party payer with the bank of any fund before it is forwarded become part of trust property and belong to the buyer, i.e., the principal and beneficiary. Certain doubts as to whether the Trust Enterprise Act is applicable to third-party payment service provider. In accordance with Article 2 of the Trust Enterprise Act, “trust enterprise” referred to in this Act means an organization approved by the competent authority in accordance with this Act to operate trust activities. There are 4 targets regulated by the Trust Enterprise Act: Trust companies that operate trust activities with approval by the competent authority, banks they also operate trust activities, securities investment trusts, investment consulting businesses and securities dealers that also operate trust activities and trust investment companies. A third-party payer is not a trust enterprise approved by the Banking Bureau of the Financial Supervisory Commission. Therefore, the contract of trust formed under third-party payment service is a general trust under civil law and is subject to supervision by the court in accordance with Article 60 of the Trust Act. The court may select an inspector and impose other necessary disposition by order pursuant to the petition for inspection on trust activities filed by an interested party or a prosecutor. However, the court has a role of passive supervision and does not have the general authority of supervision and management by the Bureau of Banking. Third-party payment is a service provided to unidentified members of the society. Including third-party payers into the system of financial supervision for trust will provide better protection for interest of the general public. Also, in accordance with Article 34 of the Trust Act, trust enterprises have the obligation of provisioning compensation reserves. No such obligation is imposed under general civil-law trust. So if third-party payers are included as trust enterprises, better protection will be available to the consumers. Also in accordance with Article 19 of the Trust Enterprise Act, a trust contract must be done in writing. In case of an electronic document, requirements under Article 4 of the Electronic Signature Act must be met: “the content of the information can be presented in its integrity and remains accessible for subsequent reference, with the consent of the other party”. Under third-party payment service, the third-party payer must make payment in accordance with the user’s instructions. So the trust that is formed is “a trust where the trustee does not have discretion over utilization of trust property”, as referred to under Paragraph 2, Article 7 of the Enforcement Rules for Trust Enterprise Act. It is also “a monetary trust under specific centralized management and utilization” under Article 8 of the Enforcement Rules for Trust Enterprise Act. However, in accordance with Article 9 of the Trust Enterprise Act: “A trust enterprise's name shall indicate the word, ‘trust.’ This rule does not apply to an entity which conducts a trust business concurrently with the approval of the Competent Authority.” If the third party payer adds the word “trust” in the company name, it will create a difference from the scope of business of third-party payment service. So an approval from the competent authority, the Bureau of Banking of the Financial Supervisory Commission, allowing third party payers to also operate the trust activity, seems to be a better solution. 3-2-2Bank Acts as Trustee As mentioned above, in a payment collection/forwarding relationship, the underlying legal relationship between the third-party payer and buyer is a “mandate”. Under a separate relationship of mandate, the buyer can grant the third-party payer the right of agency to sign a contract of trust with the bank on behalf of the buyer. The bank will act as the trustee and the buyer will act as the principal and beneficiary. The third-party payer will be the agent of the principal. Same as above, the beneficiary can also be the seller here. Under the current structure of the Trust Act of Taiwan, almost all rights that can be exercised by a principal can also be exercised by a beneficiary, including the rights under Articles 23, 24, 32, 35 and 65. Therefore, it is more convenient for a bank, with the qualification of trust enterprise, to serve as the trustee. However, trust related fees may be payable to the bank, raising the cost of third-party payment service. The relevant cost will most likely be transferred to the user of third-party payment service. The third-party payment service fee is generally paid by the seller, i.e., the payee. Under the structure where the third-party payer acts as the trustee, the relationship between the third-party payer and the bank is solely one between a depositor and a depository account. Therefore the third-party service provider does not need to pay any fee to the bank. It may even receive interest from the deposit, constituting proceeds from trust property which belong to the principal. So if the bank acts as the trustee, the cost of transaction flow is higher. On the other hand, it may obstruct the development of the industry. However, it is more consistent with the model of trust management. Diagram 3 Diagram of trust relationship under third-party payment (bank being the trustee) Source: Prepared by author 4.Conclusion There is currently no legal restriction against simple payment collection and forwarding. The contract of mandate under the Civil Code can process the tri-party legal relationship (buyer, seller and payment collector/forwarder). The transaction guarantee for third-party payment and the mechanism of custody and delayed payment of price can be processed with the structure of trust. As mentioned above, under the structure of a trust, the third-party payer can act as the trustee and the bank can act as the principal (at which time the third-party payer represents the principal and signs a contract of trust with the bank on behalf of the buyer). The formation of trust ensures account management, avoiding improper utilization of the transaction price under custody. When the third-party payer is the trustee, a general civil-code trust is formed, which is only subject to inspection by court pursuant to petition by interested party or the judge. The supervision and management are more relaxed. However, third-party payment serves an unidentified public of society and has an extensive impact. It is suggested that the competent authority, the Financial Supervisory Commission, allows third-party payers to also operate the business of trust and include third-party payers into the scope of financial supervision. When the bank acts as the trustee, the transaction cost is higher. However, the supervision and management of its business activities under the current legal system is more complete. Currently, a more feasible way is when the bank serves as the trustee and the third-party payer serves as the agent of the principal. In the long term, it can be studied to open up for third-party payers to also operate Internet transaction trust business, acting as the trustee. Third-party payment replaces bank’s fund settlement function to a certain extent. Contrary to the traditional industry of payment collection and forwarding, third-party payment provides the convenience of fund collection/payment function and can fall prey to money laundering criminal activities. For the purpose of protecting the consumers and prevention of money laundering crimes, it is indeed necessary to include third-party payment into legislative management. The priority focus of such control is to require that the operator possesses a sound corporate structure and financial status. The requirement regarding capital is different depending on the country. The flexible requirement of capital amount in the EU can be used as a reference. For smaller operators with lower transaction volumes, a lower capital amount should be required under flexibility. In 2011, the Internet shopping market in China was 773.5 billion CNY. The amount of Internet payment was approximately 70 billion CNY. In 2011, the Internet shopping market in Taiwan was only 562.7 billion NT Dollars. If the minimum capital amount required of third-party payment operators in China is applied to third-party payment operators in Taiwan, it would not be reasonable. 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At the same time of developing third-party payment services, the Bureau of Investigation of the Ministry of Justice should also develop a money laundering prevention reporting system for third-party payment services. In reference to the US legal system, third-party payers should be included into the network of money laundering crime prevention of Taiwan for management. In addition, third-party payment services should be performed on real-name basis. The general public should be required to register and use third-party payment services with their true identities. As for verification of identity, the so-called KYC process, the banks’ KYC can be relied upon to a certain degree, such as comparison of account name information of the credit card holder or the deposit account. In reference to the legal system of different countries and the current financial legal system of Taiwan, third-party payment operators should have the obligation to maintain payment transaction information in order to facilitate criminal investigation. To protect consumers, the rights and obligations between the consumers and the third-party payers should be specified in a written contract. If it is displayed in electronic form, the written requirement should be consistent with Article 4 of the Electronic Signature Act of Taiwan. In addition, the consumers’ funds should only be used in accordance with the consumers’ payment instructions. To avoid other uses by the operators, there should be a requirement to deposit into special bank accounts to provide clear trace of transaction history. In reference to Article 24 of the Trust Act, separate account management is required under trust. So if a trust is formed, then the requirement for special deposit account can be waived. Furthermore, to avoid insolvency by the operators, operators can be required to take out insurance and acquire full performance guarantee. Prevention is better than a cure. We should take precautions about possible issues that may arise from third-party payment. In addition, clear rules of the game will encourage industry development. On the other hand, with the new type of money flow payment activities in the Internet era, traditional financial industries should see it as a new opportunity of business development, and not a threat. What third-party payment system processes is information flow; the actual flow of funds is still dependent on the banking system. Internet payment operators are still dependent upon the finance industry to provide financial planning and new types of financial products (such as trust and insurance) in order to promote their business. Building a sound Internet payment system indeed requires contributions from the information industry, the finance industry and the legal industry.

The Organization Framework, the Notification System and the Legal Norms of Critical Infrastructure Protection in the U.S.

1. Organization Framework In the organization framework of critical infrastructure protection, there are mainly the public departments and the PPP organizations. The functions and task description of relevant organizations are as follows. (1) Department of Homeland Security After the September 11 attacks in America, the Homeland Security Act was passed in November 2002, and based on this act, 23 federal organizations, plans and offices were integrated to establish the Department of Homeland Security (DHS) to take responsibility for homeland security in America. The tasks include: (1) to analyze intelligence data collected from various departments such as the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI) so that any threats to security can be discovered in time, (2) to protect and defend critical infrastructure, (3) to coordinate and lead America to prevent and respond to the attacks from nuclear weapons, biochemical weapons and other and (4) to coordinate the tasks of the federal government, including emergency and rescue. For the task regarding critical infrastructure and critical information infrastructure protection, the main units in charge are the Office of Infrastructure Protection (OIP) and the Office of Cybersecurity and Communications (CS&C) subordinate to National Protection and Programs Directorate (NPPD), Department of Homeland Security (DHS), to reduce the risk in both physical and cyber security to maintain national security1 (2) Congress Relevant units and committees are established both in the Senate and the House of Representatives to be responsible for protection and making policies pertinent to important critical infrastructure and critical information infrastructure. (3) Computer Crime and Intellectual Property Section In 1991, the Department of Justice (DOS) established the Computer Crime and Intellectual Property Section (CCIPS), a section of the Criminal Division, to be responsible for all crime combating computer and intellectual property. Computer crime is referred to cases which include electronic penetrations, data thefts, and cyber attacks to the important critical infrastructure. CCIPS also prevents, investigates, and prosecutes computer crimes by working with other government agencies, the private sector, academic institutions, and foreign counterparts. (4) Other Relevant PPP Organizations 2The Information Sharing and Analysis Center (ISAC) is responsible for the information security message sharing among the industries of each critical infrastructure to ensure the liaison and cooperation among industries. Finally, for the issue on critical information infrastructure, especially cyber crimes, both the National Cyber Security Alliance (NCSA) and the Cross Sector Cyber Security Working Group (CSCSWG) are designated to serve as crucial roles in governmental and non-governmental internet security prevention to be responsible for techniques and education. 2. Notification System (1)Computer Emergency Response Team Coordination Center The Computer Emergency Response Team Coordination Center (CERT/CC) run by Carnegie Mellon University is the oldest and most important early-warning organization for information security in the USA. With its experts studying internet vulnerabilities and risk assessment released regularly, it reminds people of the possible dangers which exist in the information age and the need to improve internet security. (2)US Computer Emergency Readiness Team The US Computer Emergency Readiness Team (US-CERT) was established in 2003. It is responsible for protecting the infrastructure of the internet in America and for coordinating and providing response support and defense against national cyber attacks. It interacts with federal agencies, industry, the research community, state government, and others to disseminate reasoned and actionable cyber security information to the public. (3)Federal Bureau of Investigation The Federal Bureau of Investigation (FBI), the first early warning center of critical infrastructure at the national level, is responsible for providing the information pertinent to legal execution presently and also taking responsibility for the investigation of cyber crime. (4)Information Sharing and Analysis Centers Currently, industry in America, including finance, telecommunications, energy, traffic, water resources, together established individual Information Sharing and Analysis Centers (ISACs) based on the policy made in PDD-63. The ISAC of the financial system established in October 1999 being the first established center. These ISACs further work together to form an ISAC Council to integrate the information from each of them and improve their interaction and information sharing. 3. Legal Norms In reference to the laws and regulations of critical infrastructure protection, America has aimed at critical infrastructure protection and computer crime to formulate the following regulations. (1) Federal Advisory Committee Act of 1972 According to the Federal Advisory Committee Act (FACA), the advisory committee can be established in every federal agency to provide the public, along with received open advice, with relevant objectives, and to prevent the public from being inappropriately influenced by the policies made by the government. However, to keep the private institutions which run the critical infrastructures from worrying the inappropriate leak of the sensitive information provided and consulted by them, Critical Infrastructure Partnership Advisory Council was established so that the Secretary of Homeland Security has the right to disregard the regulations of FACA and establish an independent advisory committee. (2) Computer Fraud and Abuse Act of 19863 The Computer Fraud and Abuse Act (CFAA) was enacted and implemented in 1986. It mainly regulates computer fraud and abuse. The Act states that it is against the law for anyone to access a protected computer without authorization. However, it also recognizes the fact that accessing a computer system of electronic and magnetic records does not mean a violation of the law. According to the CFAA, what is needed is one of the following requirements to be the wrongful conduct regulated in the Act: (1) whoever intentionally accesses a computer to obtain specific information inside the government or whoever has influenced the transmission function of the computer system; (2) whoever intentionally accesses a computer to obtain a protected database (including the information contained in a financial record of a financial institution or of a card issuer, or the information contained in a file of a consumer reporting agency on a consumer, or the information from any department of agency of the United States, or the conduct involving an interstate transaction); (3) whoever intentionally accesses any nonpublic computer of a department or agency of the United States, and causes damage. In addition, the Act also prohibits conduct such as transmitting malicious software, and defrauding traffic in any password or similar information. For any person who suffers damage or loss by reason of a violation of the law, he/she may maintain a civil action to obtain compensatory damages and injunctive relief or other equitable relief. However, the Computer Abuse Amendment Act (1994) expands the above Act, planning to include the conduct of transmitting viruses and malicious program into the norms whose regulatory measures were adopted by the USA Patriot Act enacted in October 20014 (3) Homeland Security Act of 20025 The Homeland Security Act provides the legal basis for the establishment of the Department of Homeland Security and integrates relevant federal agencies into it. The Act also puts information analysis and measures of critical infrastructure protection into the norm. And, the norm in which private institutions are encouraged to voluntarily share with DHS the information security message of important critical infrastructure is regulated in the Critical Infrastructure Information Act: Procedures for Handling Critical Infrastructure Information. According to the Act, the DHS should have the obligation to keep the information provided by private institutions confidential, and this information is exempted from disclosure by the Freedom of Information Act. (4) Freedom of Information Act Many critical infrastructures in America are regulated by governmental laws, yet they are run by private institutions. Therefore, they should obey the law and provide the government with the operation report and the sensitive information related with critical infrastructure. However, knowing that people can file a request at will to review relevant data from the government agencies based on the Freedom of Information Act (FOIA), then the security of national critical infrastructure may be exposed to the danger of being attacked. Therefore, the critical infrastructure, especially the information regarding the safety system, early warning, and interdependent units, are all exempted by the Freedom of Information Act. (5) Terrorism Risk Insurance Act of 20026 After the 911 Incident, Congress in America passed the Terrorism Risk Insurance Act to establish the mechanism to underwrite terrorism risk insurance, in which insurance companies are required to provide terrorism attack risk insurance and the federal government will also cover part of loss for severe attacks. 1.http://www.dhs.gov/xabout/structure/editorial_0794. shtm (last accessed at 21. 07. 2009). 2.http://www.thei3p.org/ (last accessed at 21. 07. 2009). 3.http://www.panix.com/~eck/computer-fraud-act. html (last accessed at 21. 07. 2009). 4.Mark G. Milone, Hacktivism:Securing the National Infrastructure, 58 Bus. Law, 389-390, 2002. 5.http://www.dhs.gov/xlibrary/assets/hr_5005_enr.pdf (last accessed at 21. 07. 2009). 6.http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/pdf/hr3210.pdf (last accessed at 21. 07. 2009).

The Coverage and Policies of Critical Infrastructure Protection in U.S.

Regarding the issue of critical infrastructure protection, the emphasis in the past was put on strategic facilities related to the national economy and social security merely based on the concept of national defense and security1. However, since 911 tragedy in New York, terrorist attacks in Madrid in 2004 and several other martial impacts in London in 2005, critical infrastructure protection has become an important issue in the security policy for every nation. With the broad definition, not only confined to national strategies against immediate dangers or to execution of criminal prevention procedure, the concept of "critical infrastructure" should also include facilities that are able to invalidate or incapacitate the progress of information & communication technology. In other words, it is elevated to strengthen measures of security prevention instead. Accordingly, countries around the world have gradually cultivated a notion that critical infrastructure protection is different from prevention against natural calamities and from disaster relief, and includes critical information infrastructure (CII) maintained so that should be implemented by means of information & communication technology into the norm. In what follows, the International CIIP Handbook 2008/2009 is used as a research basis. The Subjects, including the coverage of CIIP, relevant policies promoted in America, are explored in order to provide our nation with some references to strengthen the security development of digital age. 1. Coverage of Important Critical Information Infrastructures Critical infrastructure is mainly defined in "Uniting and Strengthening our country by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as known as Patriot Act of the U.S., in section 1016(e)2 . The term ‘critical infrastructure’ refers to "systems and assets, whether physical or virtual, so vital to our country that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters." In December 2003, the Department of Homeland Security (DHS) promulgated Homeland Security Presidential Directive 7 (HSPD-7)3 to identify 17 Critical Infrastructures and key resources (CI/KR) ,and bleuprinted the responsibility as well as the role for each of CI/KR in the protection task. In this directive, DHS also emphasized that the coverage of CI/KR would depend on the real situations to add or delete sectors to ensure the comprehensiveness of critical infrastructure. In March 2008, DHS added Critical Manufacturing which becomes the 18th critical infrastructure correspondent with 17 other critical infrastructures. The critical infrastructures identified by DHS are: information technology, communications, chemical, commercial facilities, dams, nuclear reactors, materials and waste, government facilities, transportation systems, emergency services, postal and shipping, agriculture and food, healthcare and public health, water, energy (including natural gas, petroleum, and electricity), banking and finance, national monuments and icons, defense industrial Base, and critical manufacturing. 2. Relevant Policies Previously Promoted With Critical Infrastructure Working Group (CIWG) as a basis, the President's Commission on Critical Infrastructure Protection (PCCIP) directly subordinate to the President was established in 1996. It consists of relevant governmental organizations and representatives from private sectors. It is responsible for promoting and drawing up national policies indicating an important critical infrastructure, including natural disasters, negligence and lapses caused by humans, hacker invasion, industrial espionage, criminal organizations, terror campaign, and information & communication war and so on. Although PCCIP no longer exists and its functions were also redefined by HDSP-7, the success of improving cooperation and communication between public and private sectors was viewed as a significant step in the subsequent issues on information security of critical infrastructure of public and private sectors in America. In May 1998, Bill Clinton, the former President of the U.S., amended PCCIP and announced Presidential Decision Directive 62, 63 (PDD-62, PDD-63). Based on these directives, relevant teams were established within the federal government to develop and push the critical infrastructure plans to protect the operations of the government, assist communications between the government and the private sectors, and further develop the plans to secure national critical infrastructure. In addition, concrete policies and plans regarding information security of critical infrastructure would contain the Defence of America's Cyberspace -- National Plan for Information Systems Protection given by President Clinton in January, 2000 based on the issue of critical infrastructure security on the Internet which strengthens the sharing mechanism of internet information security messages between the government and private organizations. After 911, President Bush issued Executive Order 13228 (EO 13228) and Executive Order 13231 to set up organizations to deal with matters regarding critical infrastructure protection. According to EO 13228, the Office of Homeland Security and the Homeland Security Council were established. The duty of the former is mainly assist the U.S. President to integrate all kinds of enforcements related to the protection of the nation and critical infrastructure so as to avoid terrorist attacks, while the latter provides the President with advice on protection of homeland security and assists to solve relevant problems. According to EO 13228, the President's Critical Infrastructure Protection Board directly subordinate to the President was established to be responsible for offering advice on polices regarding information security protection of critical infrastructure and on cooperation plans. In addition, National Infrastructure Advisory Council (NIAC), which consists of owners and managers of national critical infrastructure, was also set up to help promote the cooperation between public and private sectors. Ever since the aforementioned executive order, critical infrastructure protection has been more concrete and specific in definition; for instance, to define critical infrastructure and its coverage through HSPD-7, the National Strategy for Homeland Security issued in 2002, the polices regarding the National Strategy to Secure Cyberspace and the National Strategy for Physical Protection of Critical Infrastructure and Key Assets addressed by the White House in 2003; all of this are based on the National Strategy for Homeland Security. Moreover, the density of critical infrastructure protection which contains virtual internet information security was enhanced for the protection of physical equipment and the protection from destruction caused by humans. Finally, judging from the National Infrastructure Protection Plan (NIPP), Sector-Specific Plans (SPP) supplementing NIPP and offering a detailed list of risk management framework, along with National Strategy for Information-Sharing, the public-private partnership (PPP) and the establishment of information sharing mechanism are highly estimated to ensure that the network of information security protection of critical infrastructure can be delicately interwoven together because plenty of important critical infrastructures in the U.S. still depend on the maintenance and operation of private sectors. 1.Cf. Luiijf, Eric A. M. , Helen H. Burger, and Marieke H. A. Klaver, “Critical Infrastructure Protection in the Netherlands:A Quick-scan”. In:Gattiker, Urs E. , Pia Pedersen, amd Karsten Petersen (eds. ) . EICAR Conference Best Paper Proceedings 2003, http://cip.gmu.edu/archive/2_NetherlandsCIdefpaper_2003.pdf (last accessed at 20. 07. 2009) 2.For each chapter of relevant legal cases, please visit http://academic.udayton.edu/health/syllabi/Bioterrorism/5DiseaseReport/USAPatriotAct.htm. The text regarding the definition of critical infrastructure is cited as "Critical Infrastructure Defined- In this section, the term “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matter. " 1.Cf. Luiijf, Eric A. M. , Helen H. Burger, and Marieke H. A. Klaver, “Critical Infrastructure Protection in the Netherlands:A Quick-scan”. In:Gattiker, Urs E. , Pia Pedersen, amd Karsten Petersen (eds. ) . EICAR Conference Best Paper Proceedings 2003, http://cip.gmu.edu/archive/2_NetherlandsCIdefpaper_2003.pdf (last accessed at 20. 07. 2009) 2.For each chapter of relevant legal cases, please visit http://academic.udayton.edu/health/syllabi/Bioterrorism/5DiseaseReport/USAPatriotAct.htm. The text regarding the definition of critical infrastructure is cited as "Critical Infrastructure Defined- In this section, the term “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matter. " 3.Introduction of Consumer Protection in Taiwan , Republic of China , Consumer Protection Commission (CPC), Executive Yuan.http://www.fas.org/irp/offdocs/nspd/hspd-7.html ( Last visit 2008/6/27 )

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