The White House is circulating a draft of a seven-page cybersecurity executive order that would allow the government to share threat information with owners of covered critical infrastructure. The move is likely an attempt to compel Congress to act on the Senate cybersecurity bill (S 3414). The addition of information-sharing provisions is the most notable aspect of the latest draft, which also directs DHS to identify critical infrastructure that could potentially by the target of a catastrophic attack, and encourages companies to adopt voluntary security standards, according to the AP. The White House has yet to indicate that President Obama will sign the order, adding to the impression the administration is still hoping to pressure Congress into passing cybersecurity legislation.
The administration also has been sounding the alarm about Iran potentially targeting the U.S. with cyberweapons, with senior officials such as Defense Secretary Leon Panetta among those warning of the severity of the threat. Taken as a whole, it's difficult to view the administration's recent moves as anything but a jab at congressional Republicans. Information sharing provisions are hardly controversial; they were a vital part of the cybersecurity bill passed by the House and have strong bipartisan support in both chambers. But the Senate has steadfastly refused to consider approving an information sharing measure without including some form of security standards for critical infrastructure providers, as included in the Senate bill. While such measures are being painted as purely voluntary, cybersecurity experts and hawks within the administration would like those rules to eventually get some teeth. So industry rightly views the voluntary standards as the first step toward eventual federal regulation of their network protections. Republicans are also questioning the administration's possible end-run around Congress, and took issue last week with the Energy Department's authority to establish a new cybersecurity office.
Likewise, the ramped-up rhetoric is right in line with our prediction that more information about the threat would come to light as the window for passing legislation narrows. Last week Senate Majority Leader Harry Reid, D-Nev., announced he would bring the Senate cybersecurity bill to the floor again in the lame duck session, giving Sen. Joe Lieberman, I-Conn., and other sponsors a final chance at pushing it over the finish line. But aside from the administration's increasing insistence the bill is needed, little else has changed politically. Unless a major shift occurs in the election, such as the Democrats winning back the House, it's difficult to see the landscape tilting enough for the bill to become law. Part of that may be because the administration has still yet to fully acknowledge the depth and breadth of the information that already takes place between the intelligence community, the military, and select U.S. companies. Until they know more about secretive collaborations that may even fall outside current legal guidelines, there's little reason to assume the most compelling case for new cybersecurity laws has been made.
Treasury Emphasizes Electronic Benefits: The Treasury Department has enlisted actors Patty Duke and George Takei to help encourage recipients of Social Security benefits to switch from paper checks to direct deposit or a reloadable Direct Express debit card. The switchover is designed to save almost $1 billion over a decade, but isn't taking place quickly enough to satisfy some lawmakers. More than 7 percent of beneficiaries still receive paper checks with just months to go before the March 1 deadline. But the number of people receiving paper checks has been reduced by half since December 2010, and all new applicants have been required to receive electronic payments since May 2011. Drones Stoke Privacy Fears: Tim Starks has a CQ Weekly cover story on the increased use of drones in domestic airspace, which has raised concerns about citizens' privacy. The FAA has been ordered by Congress to speed up the integration of drones into domestic airspace for both public and private use, but lawmakers' aren't sure that current privacy laws have kept pace. The issue is one that cuts across party lines, with both Democrats and Republicans expressing concerns about possible surveillance. The FAA is supposed to issue guidelines for government drones by Nov. 10, while a comprehensive plan for private drones is due in September 2015. In the meantime, the drone industry continues to rapidly expand and innovate, ensuring that drones will be a major issue for lawmakers to grapple with in the coming years. On The Move: Former Netflix lobbyist Michael Drobac has moved to Patton Boggs' technology and communications practice. The firm represents Netflix, where Drobac was part of a push to change the 1986 Video Privacy Protection Act to allow the sharing of customers' rental information via social media.