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Many companies managing vital computer systems are already heavily regulated. Jim Lewis, a senior fellow at the Center for Strategic and International Studies, said the president could order agencies to require the industries they regulate to meet cybersecurity standards.
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After Senate Cybersecurity Bill Defeat,
Obama Weighs Executive-Order

The Hill
Senate Republicans recently blocked cybersecurity legislation, but the issue might not be dead after all. The White House hasn't ruled out issuing an executive order to strengthen the nation's defenses against cyber attacks if Congress refuses to act.

The White House has emphasized that better protecting vital computer systems is a top priority.

The administration proposed its own legislation package in 2011, sent officials to testify at 17 congressional hearings and presented more than 100 briefings on the issue. In a recent Wall Street Journal op-ed, President Obama warned that a successful cyber attack on a bank, water system, electrical grid or hospital could have devastating consequences.

The president urged Congress to pass the Cybersecurity Act, which was offered by Sens. Joe Lieberman (I-CT) and Susan Collins (R-ME). The bill would have encouraged private companies and the government to share information about cyber threats and would have required critical infrastructure operators to meet minimum cybersecurity standards.

But Senate Republicans, led by Sen. John McCain (R-AZ), worried the bill would burden businesses with unnecessary and ineffective regulations.

The bill's sponsors watered down the regulatory provisions, replacing the security mandates with voluntary incentives, but that wasn't enough to win over Republicans. The bill mustered 52 votes in the Senate, well short of the 60 needed to overcome a filibuster.

If Obama issues an order on cybersecurity, it wouldn't be the first time that his administration has resorted to executive action to bypass Congress.

Obama uses the slogan "we can't wait" to argue that some issues are too important to be allowed to stall in Congress.

When lawmakers refused to pass the Dream Act to give legal status to students brought to the country illegally, the administration announced that it would stop deporting young immigrants who would have been eligible to stay under the bill.

Jim Lewis, a senior fellow at the Center for Strategic and International Studies, explained that Obama could enact many of the core provisions of the Cybersecurity Act through executive order.

Many companies managing vital computer systems are already heavily regulated. Lewis said the president could order agencies to require the industries they regulate to meet cybersecurity standards.

"You don't need new legislative authority to do that," Lewis said.

He noted that some regulatory agencies, including the Federal Communications Commission and the Nuclear Regulatory Commission, are independent and not bound to follow executive orders. But Lewis predicted that even the independent agencies would likely enforce an executive order on cybersecurity.

Lewis said the Office of Management and Budget is already working on security standards for federal computer systems, and said those guidelines could form the basis of standards for the private sector.

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