Portal de Periódicos da CAPES

Comparative Analysis of Regulations for Cybersecurity and Cyber Defence in the United States and Brazil

2020; Volume: 6; Issue: 2 Linguagem: Inglês

10.26792/rbed.v6n2.2019.75149

2358-3932

Vitelio Brustolin,

Brazilian Legal Issues

In this article we compare the main regulations employed by the United States and Brazil for their respective cybersecurity and cyber defence. From this comparison we produced four main conclusions. First, the absence of an effective public policy for cybersecurity and cyber defence in the United States left the country vulnerable to Russian cyber-attacks that influenced the course of the 2016 Presidential Election. Second, the Cybersecurity Act of 2012, which was supported by Barack Obama, who was President at the time, would have increased US protection against cyber-attacks. However, the bill did not become law because it was defeated in the US Senate. Third, if Brazil had enacted legislation similar to the Cybersecurity Act of 2012, the country would have prevented most of the fake news and cyber-attacks that occurred in its own 2018 Presidential Election. Fourth, the main initiatives of the Cybersecurity Act of 2012 can still be implemented by both the United States and Brazil. To reach these conclusions, we compared intended purpose of the Cybersecurity Act of 2012, with facts that highlight the consequent failures in cybersecurity and cyber defence in the United States and Brazil.