Follow up to April 5, 2009 posting Senate Staff Working Draft of Cybersecurity Act of 2009, see this related CRS report: Comprehensive National Cybersecurity Initiative (CNCI): Legal Authorities and Policy Considerations, March 10, 2009
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.”
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