DHS: Obama Cyber Security Executive Order “Close To
Completion”
Threatening Freedom of Speech and First Amendment
Tim Brown
Freedom Outpost
Department of Homeland Security Secretary Janet Napolitano testified before the Senate Committee on Homeland Security andGovernmental Affairs on September 19, 2012 and said that a cyber security
executive order is “close to completion” that will grant the president broad
and sweeping powers over the internet.
Napolitano said, “DHS is the Federal government’s lead
agency for securing civilian government computer systems and works with our
industry and Federal, state, local, tribal, and territorial government partners
to secure critical infrastructure and information systems.”
Joe Wolverton, II, at the New American, rightly points out
the problem with the federal government’s exercising an authority they are not
specifically given in the Constitution.
Precisely which clause in the Constitution grants to the president
specifically or the executive branch (of which DHS is a part) generally
authority to exercise any sort of oversight of such matters was not cited by
Secretary Napolitano.
Naturally, a document written 225 years ago would not include a reference to
cyber security, but the principles of enumerated powers and limited government
apply to any program or project of the federal government. According to the
contract that created the three branches of the federal government, none of
those departments may do anything unless specifically granted that authority in
the Constitution.
This is a principle of constitutional interpretation often overlooked. Those
promoting a larger government with increasing influence on the lives of private
citizens commonly defend government growth by insisting that “nothing in the
Constitution forbids us from doing” whatever federal program they are
advocating.
Had I been living at the time, I would have sided with the anti-Federalists.
However, Wolverton goes on to point out that James Madison wrote in The Federalist,No. 45:
The powers delegated by the proposed Constitution
to the federal government, are few and defined. Those which are to remain in
the State governments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation, and foreign
commerce; with which last the power of taxation will, for the most part, be
connected. The powers reserved to the several States will extend to all the
objects which, in the ordinary course of affairs, concern the lives, liberties,
and properties of the people, and the internal order, improvement, and
prosperity of the State.
The reason this is all taking shape into an executive order is because the
Congress shot down the overreaching powers of the federal government in the
cyber security bill earlier this year. They did so with good reason. Not only
was it a stealth bill to introduce more gun control, but back in July it was reported. . .
The updated version of the bill reflects changes to the provision to assign
the Department of Homeland Security the role of creating mandatory cyber
security standards for infrastructure industries.
The newer version of the bill does not include language for “mandatory,
regulatory sections,” but still requires a creation of industry best practice
standards for the purposes of protecting critical infrastructure, but rather
than making the adoption of those standards mandatory, the owners of the
critical infrastructure adopt “voluntary” standards. The bill offers incentives
to adopt those standards, such as liability protection, and access to threat
information.
Some contend that the revisions are not ideal, however, as it gives the
government the power to deny threat information to critical infrastructure
owners who choose not to comply with the voluntary standards. Likewise, the
incentives are too insignificant to fully incentivize any company to adopt the
standards.
My fellow Americans, do we really want the federal government to have this
kind of power? Really? I know some will say “yes, we need this,” but before you
move too fast, think about it. We’re talking about the incompetent Department
of Homeland Security here, under the direction of the President of the United
States.
See Complete article and Draft of the executive order