Cyber Security United States of America Presidential Executive Order is made by United States Presidents in accordance to certain Acts of Congress that delegate some degree of discretionary power to the President to help the federal agencies, or other federal employees manage the operations within the federal government itself. According to John Contrubis (1-2), these executive orders carry the full effect of law, can be subjected to judicial review, and be struck down if the courts deem it not to be supported by the Constitution. They take effect thirty days after being published in the Federal Register, and while they do bypass the standard law-making process, an executive order should not direct the agencies to conduct unconstitutional activities. It differs from a legislative act in that they do not require approval by the legislative branch. They have a major influence over the government`s internal affairs, dictating how laws will be enforced and to what degree. USA mainly relies on cyber systems to run everything from pipelines, hospitals, and highways and power plants; hence the infrastructure is more physically and digitally interconnected than ever before. It has so many advantages due to interconnectivity, but also at great risk of cyber attacks. It was very important to strengthen the national policy on critical infrastructure, including cyber security. Critical infrastructure is owned and operated mostly by private firms; hence both the private and public sector should play a role in reducing critical infrastructural risk through a stronger partnership. It's due to this that in 2009 President Obama declared the digital infrastructure a strategic national asset and security priority. Components and PurposesThe components of the Cyber security Framework include; directing the National Institute of Standards and Technology (NIST) to lead the development of a cyber security framework and to give new programs on sharing information to provide both classified and unclassified threats information to U.S. companies. It establishes a voluntary program for promoting adoption of the framework and need for a review of existing cyber security regulation. Its purposes are; to direct the government to identify the functional relationships related to critical infrastructure and improve effectiveness of existing public-private partnership with owners and operators and state partners in both the cyber and physical space, to direct the government to develop a situational awareness capability that`s efficient in addressing physical and cyber implications of an incident and enables sharing of the implications with stakeholders, strengthening the capability to comprehend and share information on how well infrastructure systems are functioning and failure consequences, and calls for a wholesome research and development plan to guide the government's effort to encourage market-based innovation for critical infrastructure. ConclusionIn my opinion, there is a weakness with the executive order in formalizing the public-private partnership as they relate to cyber security that lies in collaboration and sharing information.
Broggi, Jeremy J. "Building on Executive Order 13, 636 to Encourage Information Sharing for Cyber Security Purposes." Harv. JL & Pub. Pol'y 37 (2014): 653.
John Contrubis, Executive Orders and Proclamations, CRS Report for Congress #95-722A, March 9, 1999, Pp. 1-2