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5 Homeland Security Rev. 135 (2011)
Protecting Critical Infrastructures: Screening Workers for Private Sector Security-Related Employment

handle is hein.journals/homlndsr5 and id is 139 raw text is: The Homeland Security Review, Vol. 5, No. 2 (Summer 2017).

Protecting Critical Infrastructures:
Screening Workers for Private Sector
Security-Related Employment
BY JOHN WINN, JD, LLM*
Introduction
The quality and trustworthiness of human capital is the single most
important factor in homeland security. In 2003, the National Security
Advisory Council NIAC defined insider threats to critical infrastruc-
ture' as one or more individuals with the access and/or inside knowl-
edge of a company, organization, or enterprise that would allow them
to exploit the vulnerabilities of that entity's security, systems, services,
products, or facilities with the intent to cause harm.2 As the share of
critical infrastructure in private hands continues to grow and diversify,
threats and vulnerabilities to those systems are also increasing. Mitigation
of threats to cyber and telecommunications systems, energy, medicine,
bio-technology, chemical, banking, finance, transportation (including
HAZMAT), and others requires deterrence, detection, and prevention.
The Government Accounting Office (GAO) indicates that attacks by
trusted insiders will become an increasingly serious threat as increased
information sharing results in greater access to, and distribution of,
sensitive information.I
Security screening entails the collection of a minimum sufficiency
of background data regarding conduct, character, and other relevant
* John Winn, JD, LLM is an Associate Professor of Business Law at the Harry F.
Byrd, Jr. School of Business at Shenandoah University in Winchester, Virginia. Mr.
Winn also served in the Army, Judge Advocate General's Corps UAG) from 1985
through 2005. Among his various military assignments, Mr. Winn was on the Law
Faculty at the United States Military Academy, West Point as well as Department
of Criminal Law at the Army Judge Advocate General's School, Charlottesville,
Virginia. He is admitted to practice in North Carolina, The Court of Appeals for
the Armed Forces, and the United States Supreme Court. Mr. Winn has published
and lectured in the fields of National Security Law, Health Law, Cyber-Law, and
Professional Ethics.

135

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