WASHINGTON – Late last week, NACS and a group including eight other trade associations sent a letter to every U.S. senator articulating priorities about impending data breach and data security legislation, in anticipation of Senate consideration of cybersecurity information-sharing legislation.

This Wednesday, however, it became clear that the Senate is indefinitely putting off further consideration of the Cybersecurity Information Sharing Act of 2015. According to sources, Senate Majority Leader Mitch McConnell canceled a scheduled cloture vote (a process for limiting debate on a measure and the Senate’s only weapon against filibuster), asking for unanimous consent for the controversial bill to be brought up again "at a time to be determined." The Senate then approved a motion permitting the Republicans to bring up 10 amendments, and the Democrats 11 amendments, when it comes to the floor.

NACS and other merchant groups have long been involved in this essential issue for the retail industry. In July, NACS submitted a statement for a Senate hearing on cybersecurity, providing the industry’s views on data security efforts in the payment card system and data breaches. In particular, NACS noted in the statement that that data security standards set for retailers have failed because the Payment Card Industry (PCI) – the entity that sets payment card security standards and is controlled by the card networks – has “consistently put the profits of the companies that control it before good security.”

NACS has been supportive of the approach to data breach/security issues taken in draft legislation circulated earlier in the year by Senator Mark Warner (D-VA), who has been working with a number of other senators to build consensus around his approach. While Warner’s legislation is not part of the current cybersecurity bill under consideration, it could move through the process as an amendment to the bill. 

Despite the failure to schedule a vote prior to the August recess, this issue is of sufficient interest to enough senators that it is likely to be considered sometime after legislators return to Washington, D.C. in September.