Report: Obama Preps Sweeping Cyberdefense Executive Order for Wednesday
February 12, 2013 2:15 PM
comment(s) - last by
Order has been anticipated for some time now
President Barack Obama (D) has been widely criticized by conservatives for his use of executive orders to push the federal actions he wants when Congress is unwilling to go along with him. The tactic isn't exactly new (FDR signed nearly 4,500 executive orders) and President Obama hasn't used it all that often (he's signed 144) [
]. But his critics contend his executive orders are more sweeping and loaded with action than past ones, so the small count is misleading.
I. Some Critics Say the Order Goes Too Far...
That criticism may be revived this week if President Obama drops his
long-awaited cyberwarfare executive order
spoke with government officials who had seen the order and said it is expected for a Wednesday drop. The order is expected to expand the role the
U.S. Department of Homeland Security
(DHS) plays in policing the homeland online from both internal and external threats.
President Obama wants to expand the federal gov't to "solve" the cybersecurity "crisis".
[Image Source: U.S. Aid]
The expansion of DHS authority alone is enough to make many a bit queasy. Under President Bush, the new intelligence agency was a key point of controversy from his Democratic and third party critics.
Some Republicans even opposed the DHS under both Bush and Obama, although they're a drastic minority in Congress. Perhaps most notable is
Rep. Ron Paul
(R-Texas) who has suggested that the Department of Homeland Security is poor in talent, offensive to civil liberties, and redundant, commenting [
Before 9/11, we were spending $40 billion a year, and the FBI was producing numerous information about people being trained on airplanes, to fly them but not land them. And they totally ignored them. So it’s the inefficiency of the bureaucracy that is the problem. So, increasing this with the Department of Homeland Security and spending more money doesn’t absolve us of the problem. Yes, we have every right in the world to know something about intelligence gathering. But we have to have intelligent people interpreting this information.
But like it or not, Ron Paul and his supporters on the left and right may be unable to stop President Obama from pushing through the plan.
II. ...Others Complain It's Too Weak
One thing that will make it difficult to rally Congressional opposition to the order is that the order itself is actually relatively similar to the bills put forth by bipartisan committees in both the House and Senate last year.
most Congressional Democrats and Republicans agreed
that some sort of increase in cyberdefense spending and more codified framework for public-private sharing of information on threats was necessary. Both plans involved incorporating the DHS into those roles. So on the surface at least the pending executive order does not sound all that different from what either the House or Senate had agreed upon.
Ultimately, neither bill passed last year, thanks largely to partisan bickering. While
the House bill
were remarkably similar, the Republican controlled house insisted on its version being passed, while the Democratic controlled Senate demanded its bill be the final version. Ultimately that gridlock sunk both bills, when a series of small changes would likely have been enough to reconcile the differences between the two bills.
Despite drafting nearly identical bills last year, the House and Senate were not able to reach agreement, due largely to partisan bickering. [Image Source: U.S. Congress]
U.S. Federal Bureau of Investigation
(FBI) is among the cyberdefense agencies frustrated by that bureaucratic train wreck. But officials to acknowledge that it won't be easy convincing the private sector to trust federal security.
Comments FBI Executive Assistant Director Richard McFeely, head of the Criminal, Cyber, Response and Services Branch, "Our biggest issue right now is getting the private sector to a comfort level so they can report anomalies, malware, incidents within their network [without them fearing media leaks]."
Reportedly the information sharing portions of the order will be voluntary for most businesses.
Indeed, despite the controversy over what the order
do, there's also some concern/criticism about how much it doesn't get done. Comments one source to
-- "We know the executive order isn't going to go as far as legislation could or will go, but it's a good start."
Stewart Baker, former National Security Agency (NSA) general counsel and a past assistant secretary for policy at the DHS comments, "I think this can fairly be described as a down payment on legislation. [It should do something positive], but whether it will provide practical protection from cyber attacks is still in doubt."
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Obama circumvents Congress - 1984 here we come
2/12/2013 8:00:21 PM
Every day I get less impressed with DailyTech. Are you a shill for the government or just in love with Obama?
Both the Senate and the House decided that regulations were not the way to go, and yet that is exactly what Obama plans to impose. Not to be stopped by Congress, Obama is now poised to release his executive order on cybersecurity. While the President is busy spinning it as a “voluntary” public-private partnership that sets up best practices, the draft executive order is not truly voluntary.
The draft executive order instructed regulators to search for their pre-existing authority on cybersecurity and then tells them that they “are encouraged to propose [cybersecurity] regulations.” Encouraging regulators to regulate is like encouraging high school boys to play more video games—they don’t need much encouragement to do what they already love doing.
The President will likely claim that the cost of inaction is too high and so he had to cut through the political deadlock to get something done. While the cost of inaction is high, the cost of taking the wrong action is even higher. Instead of making our cybersecurity woes better, Obama’s executive order promises to make them worse and may even dissuade some in Congress from acting at all.
To top it all off, Obama will conveniently release this executive order the day after his State of the Union address. In an act of political gamesmanship, the President will go before Congress and tell them how it will be for the next four years: “Do what I want, or I will find a way to do it without you.”
“Then they pop up and say ‘Hello, surprise! Give us your money or we will shut you down!' Screw them. Seriously, screw them. You can quote me on that.” -- Newegg Chief Legal Officer Lee Cheng referencing patent trolls
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