Obama Cyber-Security Executive Order Lacks Legislative Backbone
Cyber-security experts say President Obama’s executive order for federal agencies to take action to improve cyber-security is a good first step. However, they note that the order lacks legal teeth.During his State of the Union Address on Feb. 12, President Obama announced he had signed an executive order that would allow federal agencies to share information with private industry about cyber-threats, attacks and the activities of known criminals and cyber-terrorists. The order would also allow federal agencies to receive information from private companies about their knowledge of such activities. During his speech, the president recalled a number of times that the U.S. critical infrastructure has been attacked and said that his executive order would give the government the tools to do something about it. One feature of the order that should give some comfort to Internet privacy advocates is that the order has specific protections for privacy and protection of civil rights. In addition, the order calls for federal agencies to take action under a framework that is “prioritized, flexible, repeatable, performance-based and cost-effective” in its approach. The order also directs National Institute of Standards and Technology (NIST) to hold public hearings and come up with a preliminary framework within a year. Security experts everywhere rejoiced. This was a good thing, they said. Then a sudden realization began to dawn. The president signed an executive order. It does not have the effect of law and there’s no means by which to enforce anything in it. All it actually does is tell the world that the president is serious enough about the problem to actually say he wants the government to do something.