# The Cybersecurity Information Sharing Act of 2015: Expiring Provisions

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URL: https://www.frixlaw.com/law-library/documents/crs%3AIF12959

## Record

- **Collection:** Congressional research report
- **Document type:** In Focus
- **Published:** September 3, 2026
- **Citation:** IF12959

## Text

Updated September 3, 2026

The Cybersecurity Information Sharing Act of 2015:
Expiring Provisions
A decade ago, Congress authorized a cybersecurity
information sharing structure that allows the federal
government to collect and disseminate threat information,
and enabled private sector entities to voluntarily share that
information with the government, as well as among
themselves. Congress passed this authorization after
discussing the need for an information sharing protection
framework with stakeholders in order to amplify their
collective understanding of cybersecurity threats and how
to respond to them. The provisions in this authorization
were extended to December 11, 2026, upon enactment of
the Continuing Appropriations and Extensions Act, 2027. A
number of industry groups have advocated for its long-term
renewal.
This CRS In Focus discusses these provisions, potential
implications for their expiration, and possible changes to
statute that Congress may choose to consider.

Background

Congress passed the Cybersecurity Information Sharing Act
of 2015 (act) as Title I of the Cybersecurity Act of 2015.
The major authorizing provisions prescribe that

•

Agencies with cyber threat information
shall have procedures to share that
information in a classified and unclassified
way with both federal and nonfederal
entities.

•

An entity (governmental or
nongovernmental) can have a private
sector entity monitor and secure their
information technology (IT).

•

Private entities may share information
related to identifying and defending
against cyberthreats with other private
entities and with the federal government.

•

The private sector will not be subject to
antitrust liability for participating in the
cybersecurity information sharing
activities authorized by the act.

•

Personally identifiable information (PII)
must be removed from shared information.
Further, the Department of Homeland
Security (DHS) and Department of Justice
(DOJ) shall release guidance on protecting
civil liberties when sharing information.

•

The DHS and DOJ shall issue guidance on
federal government and nonfederal entity
information sharing.

•

Private entities shall be protected from
liability when conducting certain actauthorized activities, including monitoring
IT, implementing protective actions, and
sharing information.

•

Information shared under the act is exempt
from federal and state disclosure
requirements.

The Senate Select Committee on Intelligence committee
report on the originally-considered bill highlights some of
the areas of debate. In 2015, privacy protections for the
information of individuals that could potentially be
collected and shared through the program, and limitations
on the use of program information were of primary concern.
Recent Inspector General reviews have not found that PII
has been shared in violation of the act.
Automated Indicator Sharing Program
The Automated Indicator Sharing Program (AIS)
implements the information sharing requirements
prescribed by the act. It is voluntary program which allows
the federal government and nonfederal participants to share
certain indicators of cybersecurity threat information with
each other.
The program defines an indicator as a “technical artifact or
observable that suggests an attack is imminent or is
currently underway, or that a compromise may have already
occurred.” Examples of such indicators might include a
malicious website, activity by a known threat actor, or the
identification of a new technique.
The AIS primarily shares indicators provided by
government agencies. These indicators could be gained
from both an unclassified source (e.g., reported by a
regulated entity) or a classified source (e.g., collected
through a classified program or operation, even if the
information itself is unclassified). These indicators are
uploaded into an AIS server which pushes that information
to program participants. AIS also collects indicators from
the private sector, which are voluntarily shared.
To participate in the program, an entity (federal or
nonfederal) agrees to participation in writing and
establishes an AIS client server. The entity then connects
the AIS client server to their IT and cybersecurity
equipment to enable real-time, machine-to-machine
information sharing. AIS is a technical capability, but the
information could potentially be shared in other ways (e.g.,
manual reporting) and still receive protections under the act
because an agreement is in place. For example, a group of

https://crsreports.congress.gov

The Cybersecurity Information Sharing Act of 2015: Expiring Provisions

companies may use the technology developed for AIS to
share information amongst themselves, but rely on their
sector’s information sharing and analysis organization
(ISAO) to submit that information to the government.

Implications of Expiration

If Congress allows the act to expire, then changes in
cybersecurity information sharing practices may affect both
the government and private sector.
The information protection measures, antitrust protections,
liability protections, and protections from disclosure (e.g.,
in court proceedings) that are explicit and specific to the act
would be affected by the act’s expiration. Without these
protections, private sector entities may be less willing to
share cyber threat information with the federal government
and each other. Lacking that private sector information, the
federal government may find itself in the same position that
drove passage of the act—not knowing the extent of current
cyber threats and lacking the information necessary to
mitigate those threats.
Further, the ability for the private sector to exchange
information and provide technical assistance on threats, and
the marketplace for the provision of cybersecurity services
to other companies, may collapse without these explicit
authorizations.
The absence of the act’s authorizations may not affect the
technical capabilities DHS created to enable the AIS
program, as DHS was working on creating that program
under other information sharing authorities prior to the act.

Considerations for Reauthorization

Congress may choose to do a clean extension, whereby only
the expiration of the act is amended to a later date.
Congress may also choose to alter other aspects of the act in
legislation that amends the expiration date. Congress may
also choose alternative legislative vehicles entirely in lieu
of or in addition to extension of the act.
Duration of a Potential Extension
Congress originally authorized the act for 10 years.
Congress may choose to extend this period for any duration
lawmakers wish. This may be for a matter of months as an
interim measure, a finite period (potentially years), or an
indefinite continuance. A shorter-term extension may
provide Congress additional time to observe how the
authorities in the act interact with newer cybersecurity
provisions (e.g., cyber incident reporting or minimum
standards). A longer-term authorization may provide
stakeholders (including the private sector) with more
certainty concerning their ability to implement and benefit
from the act’s provisions, procedures for information
sharing, and liability protections when taking action against
cybersecurity threats.
Changing Definitions
During the decade since enactment, risks to cyberspace
have evolved. One risk which has risen in prominence is the
targeting of nontraditional IT, including operational
technology (OT) and edge devices. Operational technology
connects IT with physical systems. Examples include

industrial control systems (such as those which monitor gas
pipelines for line pack and pressure) and its components,
including supervisory control and data acquisition
(SCADA) systems (such as those that facilitate safety
operations at dams and powerplants). Edge devices are a
type of information and communications technology used to
connect one network to another (e.g., a home router).
Nation-state actors and cyber criminals have targeted OT
and edge devices; however, these technologies are not
explicitly captured by the definitions currently contained
within the act. Furthermore, artificial intelligence is not
specifically addressed in the act. Some observers think it
vital for Congress to include expanded definitions in a
reauthorization in order to provide stakeholders clarity on
which types of threat information are encouraged to be
shared and are protected under the act. Congress may
choose to consider expanding the act’s definitions to
include novel attack vectors and/or new methods of
defense, or generalizing the language to allow for future
technological developments.
Information Sharing Mandates
Congress may also choose to consider whether program
participation should remain voluntary. The Senate
committee report made clear that, at the time the act was
debated, the committee was seeking to create a voluntary
information sharing program. Since the act, Congress
created a mandatory cyber incident reporting framework
through the Cyber Incident Reporting for Critical
Infrastructure Act of 2022 (CIRCIA). CIRCIA requires that
certain entities report to the government when they
experience a cybersecurity incident or make a ransomware
payment. CIRCIA’s passage reflected a substantive change
in the nature of cybersecurity data collection, whereby the
government deemed it necessary to require the private
sector to submit information to a federal agency in order for
the government to have a more complete picture of
cyberattacks across the nation.
While both the act and CIRCIA provide cybersecurity
information to the government, they do so in tandem and
not as a replacement for each other. The former provides
potentially incident-preventing information. The latter seeks
to understand elapsed events in order to prevent future ones.
Further, the act provides a structure for continual,
omnidirectional information sharing, where CIRCIA
provides for occasional, unidirectional reporting by industry
or government.
Congress may choose to consider whether or not to require
certain entities to share cyber threat information under the
Cybersecurity Information Sharing Act. For example,
Congress could require aggregators of cyber threat
information (e.g., cybersecurity firms or cloud service
providers) or critical infrastructure entities (e.g., healthcare
or financial institutions), a subset of those categories, or a
broader group of participants to share cyber threat
information under the act.
Chris Jaikaran, Specialist in Cybersecurity Policy

https://crsreports.congress.gov

IF12959

The Cybersecurity Information Sharing Act of 2015: Expiring Provisions

Disclaimer
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https://crsreports.congress.gov | IF12959 · VERSION 10 · UPDATED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AIF12959. Public record. Not legal advice.
