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The Next Big Clip

Sunday
14 March 2010

Presidential Control of Cyberspace Proposed

Cited: FindLaw Blog

Eric Sinrod writes that our nation can be threatened by more than just physical attacks.  It can also be in Cyberspace.  Various emission control systems could be threatened by cyber attacks and it is for this reason that needs to Sen. Jay RockefellerCyberspace 1 have been working on a revision of a draft Senate bill that would give the president broad powers in the event of the Cybersecurity emergency.  This bill could possibly give the President the temporary ability to seize control over computer networks in the private sector.  This power is similar to what Pres. Bush exerted when he grounded commercial aircraft after 9/11 according to a reported Senate source.

The revised draft Senate bill calls on the President, within 180 days of enactment, to develop and implement a comprehensive national Cybersecurity strategy. This strategy is to provide a “long-term vision of the Nation’s Cybersecurity future” and a plan that “encompasses all aspects of national security,” which would include private sector involvement.

Importantly, the revised draft Senate bill sets forth that “in the event of an immediate threat to strategic national interests involving a compromised Federal Government or United States critical infrastructure information system or network,” the President may declare “a Cybersecuirty emergency” and may, if deemed necessary by the President for “the national defense and security,” direct “the national response to the Cyber threat” and the “timely restoration of the affected critical infrastructure information system or network.”

This is a mouthful, of course. But what it boils down to is that, if this becomes law, the President will be able to declare a Cybersecurity emergency and then direct the response to that threat. This would give the President very broad power.

Some might argue that this open-ended power and flexibility are exactly what the President would need to cope with the unusual circumstances that could be encountered by various types of Cyber attacks.

Others might argue that the revised draft Senate bill is too vague in terms of the scope of authority ceded to the President, and that there should be greater specificity to ensure that unbridled power is not abused potentially in the future.

It is obvious that someone in the US government needs the authority to institute plans and measures that are designed to prevent and resolve any possible cyber attacks in the future.  The revised draft Senate bill will probably see many revisions before it gets off the ground and becomes law.  However, it is something that needs to be done to protect not only government but private sector networks from cyber attack.

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My Take: This is a double-edged sword if you ask me.  On one hand, I can understand the need to control cyberspace if we are attacked from that route.  On the other hand, it would take away some freedoms of people who use the Internet for business purposes.

Businesses that utilize call center software or even Virginia data centers would be hindered by this type of situation if the bill is passed giving the president emergency cyberspace control.  This type of emergency control would interfere with business contact center solutions as well as Houston colocation.

I think they need to put little bit more thought into how much control the president truly has in a cyberspace emergency.  Otherwise, the president could cause a lot of problems for both small and big business alike.  That is something that we do head need right now with the economy as bad as it is.

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