Posted on October 23, 2024
Cybersecurity’s role in geopolitics is growing more significant by the day. In a world of increasingly sophisticated cyber threats, governments worldwide are recognizing the impact digital attacks can have on national security, trade, and infrastructure.
This has never been more evident than with the recent introduction of the Protecting Investments in Our Ports Act by U.S. Senators John Cornyn (R-TX) and Gary Peters (D-MI), along with U.S. Representatives Daniel Webster (FL-11) and Salud Carbajal (CA-24) on September 17th, 2024. The Act signifies another critical step toward bolstering the security of America’s ports in response to rising concerns about foreign cyber espionage.
How Did We Get Here?
The U.S. government has made concerted efforts to improve the cybersecurity of its ports over the past year, responding to the growing realization that ports represent a vulnerable chokepoint in the nation’s supply chain. Ports are essential to the U.S. economy, serving as hubs for global trade, but their reliance on increasingly interconnected digital systems also makes them attractive targets for cyberattacks. The Protecting Investments in Our Ports Act is the latest move in a series of legislative actions to secure these vital infrastructures from foreign threats, particularly from China.
Earlier this year, President Joe Biden signed an executive order designed to strengthen cybersecurity across U.S. ports. The order directed billions of dollars in funding towards improving port infrastructure, with a particular focus on digital resilience. The impetus for this move stemmed from concerns that adversaries, specifically China, could exploit vulnerabilities in port systems and cause widespread disruption to American trade and logistics. Of particular concern are port cranes, some of which are manufactured by Chinese firms and could theoretically be used as conduits for cyber espionage.
According to the White House, this executive order aims to “bolster the security of the nation’s ports and strengthen maritime cybersecurity, fortify our supply chains, and enhance the United States’ industrial base.” The administration emphasized that “the security of [the U.S.’s] critical infrastructure remains a national imperative in an increasingly complex threat environment.” This highlights the growing awareness within the U.S. government that ports, which have long been overlooked in discussions about national security, are now critical components of the nation’s defense against cyberattacks.
Building on Existing Legislation
The Protecting Investments in Our Ports Act builds upon several existing legislative efforts. Notably, Senator Cornyn’s Cranes of Concern at Our Ports Act (CCP), which was signed into law by President Biden as part of the National Defense Authorization Act for the fiscal year 2024, laid the groundwork for addressing the specific risks posed by foreign-made cranes.
The CCP requires the federal government to evaluate potential threats to U.S. ports from cranes manufactured in countries of concern, particularly China, whose Shanghai-based Zhenhua Heavy Industries Company (ZPMC) is a major supplier of cranes globally. While essential for the day-to-day operations of many U.S. ports, these IoT devices have raised alarms because they may be equipped with embedded technologies capable of monitoring or even interfering with port activities.
Despite these measures, it seems U.S. officials feel that the CCP and related initiatives didn’t go far enough in addressing the full spectrum of cybersecurity threats facing the nation’s ports. The Protecting Investments in Our Ports Act attempts to close some of these gaps by ensuring that all investments in port infrastructure, especially those involving digital systems, are accompanied by comprehensive security plans.
Why Was the New Act Introduced?
On a broad level, the Protecting Investments in Our Ports Act has been introduced to further the goals set out in President Biden’s executive order—namely, protecting U.S. ports from cyber espionage and disruption. More specifically, this new legislation addresses concerns that Chinese-made cranes and other digital infrastructure components at American ports might contain embedded technology capable of spying on or interfering with port operations.
“As technology continues to advance and global tensions rise, we must take steps to address the growing threat posed by adversaries looking to access sensitive information or disrupt supply chains at our ports,” Senator Cornyn stated. He emphasized that the legislation is designed to “mitigate the risk of cyber-espionage by foreign countries and help ensure the digital infrastructure and technology at our ports is secure.”
What Would the Act Do?
If signed into law, the Protecting Investments in Our Ports Act would ensure that applicants for competitive grant funding from the Port Infrastructure Development Program (PIDP) must certify that they have a security plan addressing cyber risks. The PIDP, a program administered by the Maritime Administration, is designed to improve port and freight infrastructure across the U.S., meeting the nation’s freight transportation needs and preparing for anticipated growth in freight volumes.
Essentially, this new bill mandates that cybersecurity be a priority for any organization seeking PIDP funds. This ensures that digital infrastructure – such as the cranes and software systems used in port operations – is secure from foreign interference and sabotage. By requiring detailed cybersecurity plans as part of the application process, the bill aims to create a culture of digital security at U.S. ports.
“This commonsense, bipartisan bill would help strengthen our nation’s defenses against cyberattacks by ensuring ports have the necessary digital infrastructure and safeguards in place to protect both U.S. national security and supply chains as goods move throughout our waterways,” said Senator Peters. His comments underline ports’ critical role in the country’s broader security and economic landscape.
Cybersecurity at U.S. Ports: What’s Next?
As we look to the future, it’s clear that this legislation is just one piece of a larger puzzle. The U.S. is undergoing a massive infrastructure modernization push as part of the Bipartisan Infrastructure Law (BIL), which allocates substantial funds to improving transportation networks, including ports. In the coming months, we’ll likely see additional initiatives and funding to bolster cybersecurity at key points in the supply chain.
Geopolitical tensions continue to rise, and the threat landscape is constantly evolving. The conflict in Eastern Europe, rising tensions in the South China Sea, and concerns about an all-out regional war in the Middle East all point to an increasingly interconnected global environment where cybersecurity is a top priority for national security. For the U.S., securing ports and the broader maritime infrastructure will remain crucial to defending against traditional and cyber-based threats.
In conclusion, the Protecting Investments in Our Ports Act is a timely and necessary piece of legislation reflecting cybersecurity’s growing importance in safeguarding national infrastructure. As policymakers grapple with the risks posed by digital technologies, particularly those linked to foreign adversaries, securing U.S. ports will be essential in protecting the nation’s economy and security.
