Business vulnerability data to stay secret, U.S. vows

WASHINGTON — Starting Friday, chemical companies, railroads, electric utilities and other parts of the nation’s critical infrastructure can begin submitting sensitive information to the Department of Homeland Security about their vulnerabilities to terrorist attacks with assurances that their proprietary data would be safe from public disclosure.

Under the Homeland Security Act of 2002, the department can deem data voluntarily provided by businesses that help the government stave off possible disruptions by terrorists as secret and unavailable to outsiders. The law’s supporters view it as a way for U.S. officials to help map security plans for critical U.S. infrastructure, 85 percent of which is in private hands.

But some advocates for environmental-protection and open-records laws say unscrupulous firms might manipulate the rules as part of an attempt to evade federal enforcement of health or safety rules.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Sean Moulton, a senior policy analyst with OMB Watch, a nonprofit group that opposes government secrecy, said that during the drafting of the law and the rules being released this week, key industries successfully lobbied for procedures ensuring that any information they share with Homeland Security would remain secret and would not be useable by other agencies in civil enforcement actions.

"The government agreed that ‘we’ll keep secret this information you give to Homeland Security, and we won’t do anything with it,’ " other than for counterterrorist purposes, Moulton said. "It’s naive to think we won’t have bad actors in industry" misusing the protections.

Federal officials said they will strive to prevent the rules from allowing firms to avoid accountability for wrongdoing by including data about, for example, pollution at a chemical plant in a confidential report to the Homeland Security Department about security gaps.

Robert Liscouski, the department’s chief of infrastructure protection, said his staff will strive to ensure that the law is "not providing a safe haven" for corporate wrongdoers. Companies can be charged with felonies if they mislead the department into believing that the data they provide are not related to any enforcement matters being considered by other agencies, officials said.

U.S. officials have no power under the Homeland Security Act to compel industries to provide data about their security gaps, so any corporate cooperation would be voluntary.

Safeguarding nuclear plants, telecommunications nodes and thousands of other critical networks was one of the main reasons for the formation of the Homeland Security Department last year. It is an arena in which it is critical that U.S. officials synchronize their efforts with private industry, officials said.

U.S. officials found soon after the Sept. 11, 2001, attacks that many industries were reluctant to share information about their operations and their security vulnerabilities because of fears of legal liability and concern that the information would be unearthed by outsiders using the federal Freedom of Information Act.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Sound Transit approves contract to build Bothell bus facility

The 365,000-square-foot facility will be the heart of the agency’s new Stride bus rapid transit system, set to open in 2028.

One dead in Everett crash involving motorcycle and two vehicles

Police shut down the 10300 block of Evergreen Way in both directions during the multi-vehicle collision investigation.

Katie Wallace, left, checks people into the first flight from Paine Field to Honolulu on Friday, Nov. 17, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Executive order makes way for Paine Field expansion planning

Expansion would be a long-range project estimated to cost around $300 million.

A person pauses to look at an art piece during the Schack Art Center’s 50th anniversary celebration on Thursday, Oct. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett to seek Creative District designation

The city hopes to grow jobs in the creative sector and access new grant funds through the state label.

Former Herald writer Melissa Slager’s new book was 14-year project

The 520-page historical novel “Contests of Strength” covers the 1700 earthquake and tsunami on Makah lands.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.