Homeland Security Secretary Janet Napolitano has had a lot on her plate lately, so perhaps we should take her comments from a Thursday speech on cybersecurity with a grain of salt. But Napolitano did suggest that an executive order on cybersecurity from the White House is far from a done deal, stating again that President Obama has yet to review the draft that has been circulating. She also noted that Obama would look for private sector input before acting, which would inevitably lead to the watering down of already porous standards. Still, the administration is sticking to its threat that it may need to act, if Congress does not pass legislation.
Of course the odds of Congress passing new cybersecurity laws this year, let alone new security standards for critical infrastructure providers, have always been slim to none. The administration's playbook has been predictable, and thus far ineffective: they've sent military leaders out to trumpet dire warnings of the threat, appealed to sympathetic allies in the private sector and the media, and waived a draft of the executive order as potential leverage. But none of those entreaties have managed to move the core opponents, which include the U.S. Chamber of Commerce and other old-guard industry representatives for whom cybersecurity regulations portend very real concerns about cost and liability.
So Napolitano's comments are a predictable, if slightly delayed, acknowledgement that cybersecurity legislation is likely a lost cause, barring a Democratic sweep in the election. The administration is hedging on its promise to pass an executive order, giving Obama an out if the security baselines prove unpopular with industry leaders. Some action is still possible, because intelligence agencies are already treading on murky legal ground with their current response and coordination activities. But security standards for owners of private sector infrastructure remains a political hot button and the main issue dividing the two sides on cybersecurity. Unfortunately for the White House, the other side has the money and support to make it a very long fight.
Governors Oppose Online Poker Legislation: The National Governors Association is opposing legislation from Senate Majority Leader Harry Reid, D-Nev., intended to legalize online poker, calling it an infringement on state authority to regulate online gaming. Reid has been working with retiring Minority Whip Jon Kyl, R-Ariz., on the measure, which is backed by the casino industry and would likely favor existing casino operators. A draft of the proposal has circulated the Hill recently, with speculation mounting over whether the Senate will take up the issue before the end of the 112th Congress. But the NGA says the draft bill would preempt state authority to establish other types of online gaming aside from poker and off-track horse betting. Delaware became the first state to enact a law allowing a broad range of online games such as roulette, blackjack and electronic slots. The issue of online gambling has come to head since the Justice Department shut down most of the online poker industry in April 2011. Spectrum Auctions and Diversity: Ambreen Ali has an excellent, in-depth report in CQ Weekly on the sensitive issues of media diversity and what groups will benefit most from the upcoming spectrum auctions. The broadcasters have consistently sounded the alarm that minorities and disadvantaged consumers stand to lose the most when over-the-air stations go out of business. But a deeper dive calls those claims into question, especially when balanced against the benefits of improve mobile broadband, which minorities use at a greater rate than white Americans. Regardless, the issue of who should own the right to rent the public airwaves is one that bears greater attention, particularly as debate unfolds over how much spectrum should be set aside for unlicensed use. Given the structural impediments to licensing spectrum from the FCC, unlicensed airwaves seem like the best best to encourage a diverse community to leverage spectrum for innovation. Coalition Lobbies for Lower Internet Radio Royalties: Both traditional and Internet radio providers have teamed up to form the Internet Radio Fairness Coalition, which attempts to level the playing field among Web, cable, and satellite radio providers. The coalition is backing legislation (HR 6480, S 3609) from Rep. Jason Chaffetz, R-Utah, and Sen. Ron Wyden, D-Ore., that would require that digital stations all pay the same rates, while allowing AM and FM stations to continue enjoying royalty-free access. Web radio companies like Pandora currently pay about half their revenue in music royalties, while cable radio stations pay 15 percent and satellite radio pays 7.5 percent. Musicians and the record industry oppose the Chaffetz-Wyden proposal, with the musicFIRST Coalition dubbing it the "Screw Artists Act." Lawmakers Boo Yahoo for Ignoring Do Not Track: Reps. Edward Markey, D-Mass., and Joe Barton, R-Texas, criticized Yahoo on Friday for announcing it will not recognize do not track signals from Microsoft's Internet Explorer 10 browser, which sets Do Not Track as the default setting. The pair are co-chairs of the Bipartisan Privacy caucus and staunch advocates of the Do Not Track add-on that browser makers have embraced in the face of potential legislation. The issue of mandatory opt-in for online tracking, or opt-out by default, is a sensitive one for Web companies like Yahoo that rely on targeted advertising for much of their revenue. Quotable: “We are disappointed that Yahoo has chosen to disregard an important rule of the road by not honoring the do not track signal from the Internet Explorer 10 browser. If consumers want to be tracked online, they should have to opt-in, not the other way around. Yahoo seems to be operating on the ‘do not honor code’ by ignoring this valuable tool that protects consumer privacy." -- Reps. Markey and Barton. Backscatter Units Headed to Smaller Airports: Lawmakers are less than thrilled to hear that the so-called backscatter scanners used at airports will be transferred to smaller airports, rather than taken out of commission due to their radiation emissions. The scanners have also earned critics because of the images they produce of travelers' bodies, and prompted calls for private studies of the potential health risks. The DHS inspector general issued a report in February concluding the machines pose minimal risk of radiation exposure. The FDA also found no need to limit the number of screenings, as they deliver an extremely low dose of ionizing radiation. Study: 1 in 10 Donors Give By Text: A study from the Pew Research Center's Internet & American Life Project confirms the rising popularity of donating to campaigns via text message. The analysis shows one in 10 presidential campaign donors gave by cellphone, with Obama backers more likely to do so online or by mobile than Romney supporters, who preferred donating by mail, phone or in person. The data is notable in that neither candidate began collecting donations via text message until late August, about a month before the Pew survey.