Last night, the Senate voted on cloture of S.3414 (The Cybersecurity Act), which failed by 51-47, and which previously failed August 2d vote by failed 52-46.

The bill summary is, as follows:

This bill would establish a new National Cybersecurity Council to identify technology sectors as “critical infrastructure” and approve or reject the sectors’ plans to secure their networks from cyber attacks. Businesses would not be required to adopt Council-approved security plans, but if they do they would be rewarded with broad protection from lawsuits and other benefits. The bill would also bolster website owners’ authority to monitor their users’ information and block users’ access. Companies would be given special legal immunity for sharing user information with federal government agencies.

To the best of my knowledge, there is no plan to reconsider this issue in the Senate, although there was some discussion observed between Lieberman and McCain prior to the vote, which may lead to an endeavor to reconsider.

Attention may now focus on a potential Executive Order (a PDF copy of the September 28th draft of which is here) and a rewrite of HSPD-7 (PDF here).