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The Resource Comprehensive National Cybersecurity Initiative : legal authorities and policy considerations, John Rollins, Anna C. Henning

Comprehensive National Cybersecurity Initiative : legal authorities and policy considerations, John Rollins, Anna C. Henning

Creator
Contributor
Summary
Federal agencies report increasing cyber-intrusions into government computer networks, perpetrated by a range of known and unknown actors. In response, the President, legislators, experts, and others have characterized cybersecurity as a pressing national security issue. In January 2008, the Bush Administration established the Comprehensive National Cybersecurity Initiative (the CNCI) by a classified joint presidential directive. The CNCI establishes a multipronged approach the federal government is to take in identifying current and emerging cyber threats, shoring up current and future telecommunications and cyber vulnerabilities, and responding to or proactively addressing entities that wish to steal or manipulate protected data on secure federal systems. In response to the CNCI and other proposals, questions have emerged regarding: (1) the adequacy of existing legal authorities -- statutory or constitutional -- for responding to cyber threats; and (2) the appropriate roles for the executive and legislative branches in addressing cybersecurity. The new and emerging nature of cyber threats complicates these questions. Although existing statutory provisions might authorize some modest actions, inherent constitutional powers currently provide the most plausible legal basis for many potential executive responses to national security related cyber incidences. Given that cyber threats originate from various sources, it is difficult to determine whether actions to prevent cyber attacks fit within the traditional scope of executive power to conduct war and foreign affairs. Nonetheless, under the Supreme Court jurisprudence, it appears that the President is not prevented from taking action in the cybersecurity arena, at least until Congress takes further action. Regardless, Congress has a continuing oversight and appropriations role. In addition, potential government responses could be limited by individuals' constitutional rights or international laws of war. This report discusses the legal issues and addresses policy considerations related to the CNCI
Language
eng
Work
Publication
Extent
1 online resource (18 pages)
Note
  • Title from PDF title page (viewed on July 2, 2009)
  • "March 10, 2009."
Contents
  • Introduction
  • Background on cyber threats and calls for executive action
  • Comprehensive National Cybersecurity Initiative and concerns regarding transparency and effectiveness
  • Legal authorities for executive branch responses to cyber threats
  • Separation of powers in national security matters
  • Congressional constraints on executive action
  • Policy considerations and Congressional options
  • Conclusion
Instance
Label
Comprehensive National Cybersecurity Initiative : legal authorities and policy considerations
Title
Comprehensive National Cybersecurity Initiative
Title remainder
legal authorities and policy considerations
Statement of responsibility
John Rollins, Anna C. Henning
Creator
Contributor
Subject
Genre
Language
eng
Summary
Federal agencies report increasing cyber-intrusions into government computer networks, perpetrated by a range of known and unknown actors. In response, the President, legislators, experts, and others have characterized cybersecurity as a pressing national security issue. In January 2008, the Bush Administration established the Comprehensive National Cybersecurity Initiative (the CNCI) by a classified joint presidential directive. The CNCI establishes a multipronged approach the federal government is to take in identifying current and emerging cyber threats, shoring up current and future telecommunications and cyber vulnerabilities, and responding to or proactively addressing entities that wish to steal or manipulate protected data on secure federal systems. In response to the CNCI and other proposals, questions have emerged regarding: (1) the adequacy of existing legal authorities -- statutory or constitutional -- for responding to cyber threats; and (2) the appropriate roles for the executive and legislative branches in addressing cybersecurity. The new and emerging nature of cyber threats complicates these questions. Although existing statutory provisions might authorize some modest actions, inherent constitutional powers currently provide the most plausible legal basis for many potential executive responses to national security related cyber incidences. Given that cyber threats originate from various sources, it is difficult to determine whether actions to prevent cyber attacks fit within the traditional scope of executive power to conduct war and foreign affairs. Nonetheless, under the Supreme Court jurisprudence, it appears that the President is not prevented from taking action in the cybersecurity arena, at least until Congress takes further action. Regardless, Congress has a continuing oversight and appropriations role. In addition, potential government responses could be limited by individuals' constitutional rights or international laws of war. This report discusses the legal issues and addresses policy considerations related to the CNCI
Member of
Cataloging source
AWC
http://bibfra.me/vocab/lite/collectionName
HeinOnline U.S. Congressional Documents Library
http://library.link/vocab/creatorName
Rollins, John
Government publication
federal national government publication
Index
no index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Henning, Anna C
  • Library of Congress
  • Federation of American Scientists
Series statement
CRS report for Congress
Series volume
R40427
http://library.link/vocab/subjectName
  • Computer security
  • Cyberterrorism
  • Data protection
  • National security
  • Separation of powers
  • Computer security
  • Data protection
  • National security
  • Separation of powers
  • United States
Label
Comprehensive National Cybersecurity Initiative : legal authorities and policy considerations, John Rollins, Anna C. Henning
Instantiates
Publication
Note
  • Title from PDF title page (viewed on July 2, 2009)
  • "March 10, 2009."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
black and white
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction
  • Background on cyber threats and calls for executive action
  • Comprehensive National Cybersecurity Initiative and concerns regarding transparency and effectiveness
  • Legal authorities for executive branch responses to cyber threats
  • Separation of powers in national security matters
  • Congressional constraints on executive action
  • Policy considerations and Congressional options
  • Conclusion
Control code
421037409
Dimensions
unknown
Extent
1 online resource (18 pages)
File format
one file format
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)421037409
System details
Mode of access: Internet from Federation of American Scientists web site. Adobe Acrobat Reader required
Label
Comprehensive National Cybersecurity Initiative : legal authorities and policy considerations, John Rollins, Anna C. Henning
Publication
Note
  • Title from PDF title page (viewed on July 2, 2009)
  • "March 10, 2009."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
black and white
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction
  • Background on cyber threats and calls for executive action
  • Comprehensive National Cybersecurity Initiative and concerns regarding transparency and effectiveness
  • Legal authorities for executive branch responses to cyber threats
  • Separation of powers in national security matters
  • Congressional constraints on executive action
  • Policy considerations and Congressional options
  • Conclusion
Control code
421037409
Dimensions
unknown
Extent
1 online resource (18 pages)
File format
one file format
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)421037409
System details
Mode of access: Internet from Federation of American Scientists web site. Adobe Acrobat Reader required

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Genre

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