Because it's only fun when we have really controversial meat to chew over.Obama looks likely to issue an executive order on cybersecurity after the bills fail in the Senate.
That whole post is interesting, not least because it highlights the three areas the cybersecurity legislation was supposed to address, in order of controversy;
1) Authorisation of new research, reforms of existing programs and similar miscellaneous filler.
Likely easily done with an executive order and minimal fuss, albeit more limited given funding limitations.
2) Setting private security standards.
This was the part the Republicans and Chamber of Commerce hated. The strongest form proposed was a set of full regulations with security requirements for organisations running critical infrastructure. The weakest (but still rejected) was voluntary regulations with positive incentives to meet them.
It seems that at least some watered down version could be established under an executive order, granting the DHS the power to set standards and then offer immunity - through a law designed for anti-terror purposes - for those who meet such standards. That would be a strong incentive for companies to meet at least some minimum standard of electronic security discipline by removing liability for security failures when they do occur.
3) Information sharing.
This was the part that cause privacy and civil liberty problems. No version of the information sharing section was particularly good in the original bill.
This is also the part that really needs watching. The post I linked gives a strong anti-privacy case (disturbing for a conservative/libertarian site like Volokh...) while I take a near opposite view (although I think some extremely limited data sharing with strong protections and penalties as far as use of data goes could fly, although probably not under an executive order).
All in all, a few things that would be improvements over the congressional CISPA/Senate bills;
- Guarantee cybersecurity remains a civilian issue. Republicans wanted it handed off to the DHS.
- Removes (or greatly reduces) the possibility of the most extreme measures, which tended to be the worst.
- Obama is more likely to want a fight with the CoC than with privacy interests, which suits me just fine.
Worth watching, because this could play a huge role in the security debates during the election.