• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Cybersecurity: President Threatens to Override Congress

    The signs are growing that President Obama may once again trot out his new favorite tool—the executive order—to override the will of the people as represented by Congress.

    Senate majority leader Harry Reid (D–NV) failed to get the Cybersecurity Act of 2012 passed. Even with the last-minute horse trading that occurred just before the vote, sponsors Joseph Lieberman (I–CT) and Susan Collins (R–ME) could not push it through. Now the President seems poised to tell Members of Congress again that his judgment is better than theirs.

    An executive order would not take into account other opinions on cybersecurity, such as those of the House of Representatives and other Senate proposals, and could ignore the series of compromises that Lieberman and Collins tried to work out. Instead, it would likely be back to the full-bore mandatory regulation regime that was in the Cybersecurity Act months ago.

    Most opponents of the Cybersecurity Act were concerned about the bill’s regulatory basis. Government regulation is too slow, too static, and too focused on a lowest common denominator among involved parties. Forcing American entities to meet static regulations that will never be able to keep pace with new innovations would allow hackers—whether individual criminals, organizations, or foreign governments—to move around, over, and through our inadequate defenses.

    President Obama really believes that the federal government not only can develop the appropriate regulations to provide cybersecurity but should fully oversee U.S. businesses and infrastructure in that effort. As Heritage Foundation research has shown, the government has plenty of failures in protecting its own networks. Why does anyone think the government would somehow do a better job regulating the private sector?

    Mr. President, leave this one with the Congress. In rejecting slow, static regulations, they got it right.

    Posted in Featured [slideshow_deploy]

    11 Responses to Cybersecurity: President Threatens to Override Congress

    1. steve h says:

      And anyone should care because of? This congress has been an absolute joke It's the most unproductive congress in many decades, if not in the history of our country. The House does nothing but pass messaging bill after messaging bill that they know have no chance of becoming law. They've voted to repeal or defund Obamacare 33 times, but have yet to offer up one 'replace' bill. Where is any bill to deal with medical malpractice? Where is any bill to create jobs? Where is any push to negotiate with others to pass something to help this country…instead, soley focused on the election and will go down as the worst House of the century.

      • Richard says:

        The reason these bills passed by the house "have no chance of becoming law" is that Harry Reid will not allow a simple up or down vote on them. Where exactly is the "push" by Reid to coordinate with or negotiate with the 30 odd jobs bills that the House has already passed?

        See, two can play the blame game. And that's all we've seen out of the WH for four years.

        • steve h says:

          The Senate has passed in strong bipartisan votes a highway bill, a farm bill, disaster aid, etc.. and the House refuses to take them up. Sadly, it's because it would help the economy and add jobs. Which is what they don't want to happen until November. The Senate and Dems continue to negotiation but the Repubs and reasonable conservatives are being held hostage by tea party/ATR far right wingers who refuse to negotiation. They draw their line in the sand and refuse to budge. Democracy is about negotiating and compromise. The House refuses to do any of that…and is the reason they will go down in history as the worst House ever. Where are their replace bills? Can you name one? They repealed/defunded obamacare 33 times and promised to replace it. Have you seen any replacement bills? Thye just want the status quo and kick the can down the road more while protecting pricate insurance abuses.

          Zero bills of actual substance get an up or down vote. Sure, naming a post office maybe, but all other bills require 60 or even 66 votes to get past the filibuster.

          • Bobbie says:

            the senate creates bills of contention and ignorance with the devil in the details steve. My goodness, to trust government above people is your set back. Democrats don't work. Democrats have an excellent record of DERELICTION. Here's a good example of the democratic party: idea for jobs lets increase taxes and add regulations that cost em' money and encourage social activists to protest in front of their businesses and ignore that pipeline holding thousands of jobs, that way all the people will know to only trust us! Oh and lets convince people that there's no better health care than adding government and government costs in between you and your doctor!
            "substance" isn't in the democratic vocabulary! Open your mind!

      • Mark C says:

        Obama came into office owning the House and the Senate. They debated Obamacare for two years and finally passed it. The next election came up and suddenly all the democrats that voted for Obamacare were running and hiding from the bill. You have to pass it to know whats in the bill, right? No democrat even wanted Obama to campaign for them. In the end, it didn't matter because a vote for Obamacare ended their political careers.

        The only people we have to blame for this stalemate is "US". The voters voted out the democrats and voted in republicans. The voters voted for this stalemate. They voted for this Congress.

        The only ones to blame for Obama is "US". We, the voters. We voted in hope and change. We wanted anyone but Bush. Look what it got you. We are a nation of sheep when it comes to elections.

        Be careful what you wish for. You just may get it.

        In the end, none of this will matter. You and I and your neighbor will wake up one morning, and the announcer on Fox News, MSNBC, CNN, CBS, ABC, and NBC will be telling us that it is all over. Your country has come to an end. There is no more of anything and we are done. Just like what happened to the Soviets. Only when we re-organize, we will be the new Soviets. Welcome to the United Socialist States of America.

        • Johnny Hiott says:

          It would seem to me that the only time Americans are safe these days is when congress is either at a stalemate or out of session. I for one am glad there are some in congress who have "finally " come to the conslusion that their years of compromise have only given the socialist democrat party everything they wanted. I am ashamed of the gutlessness of the house of representitives over "THEIR" complicity in implementing obamacare. The house controls the purse strings and all they have to do is deny the monies to implement it. Sadly they are too chickenhearted to do this. I can think of only one thing congress has ever repealed once enacted into law. That was prohibation and if the socialist democrats have their way about it they will bring that back too ! America has the most corrupt government money can buy.

      • pete says:

        ob could have been our best prez every had he not warped his brain on dope. Some will say the dope only made him that much "smarter," but how can they tell? Where is the unsoiled ob they can compare him to?

    2. wallyworkswell says:

      It seems we are back to the I know what the American Public needs, even if they don't know! I know what they need whether they like it or not? It seems the President is getting ready to show us, He will make us do what he feels we ought to be doing? Does the President have a mojo spirit from the lack of business expertize choices? Mojo people, are people who can't run on success in business, so they run on making sure they tax private business, for the publics best welfare interest, along with their own? wallyworkswell@yahoo.com

    3. Ganon says:

      Want to keep data secure? Keep it away from anything that can get on the internet, problem solved.

    4. Susan says:

      Well, I didn't vote for Obma and you'd better believe I won't this time either. This guy is a joke – how many executive orders has he made so far? And you think it'll get better if he's re-elected? YEAH RIGHT

    5. Blair Franconia, NH says:

      Constitutionally, the only way that can happen, is if Obama submits a bill to Congress, Congress passes the bill,
      and it goes to his desk, (the Resolute Desk), and he vetoes it. There's no shortcut. There's no way around Congress. He's not Emperor Barack I. He's Barack Obama, POTUS.

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.