Bellows says the order, signed Tuesday, “addresses many of the cybersecurity principles adopted by the American Bar Association.”
Similar to principles approved by the ABA, the cybersecurity executive order:
- engages stakeholders for public-private cooperation;
- enhances the hiring of private sector subject-matter experts;
- encourages the involvement of industry-led standards organizations;
- mandates that protections for privacy and civil liberties be incorporated into cybersecurity activities based on applicable policies, principles and frameworks;
- establishes a mechanism for intelligence agencies to share more threat information with owners and operators of critical infrastructure; and
- expedites processes for security clearances.
Although Bellows commends Obama for his action, she urges Congress to assist in the effort.
“While the executive order begins the process of addressing critical cybersecurity issues, comprehensive cybersecurity legislation is still necessary to fill gaps and limitations that remain,” Bellows says. “The White House has acted. Congress still has the opportunity and the legislative responsibility to comprehensively address the gaps and issues that are beyond the authority of an executive order.”
Bellows’ full statement is available here.
Obama’s executive order, Improving Critical Infrastructure Cybersecurity, is available here.
The ABA Cybersecurity Legal Task Force’s guiding principles for U.S. policy on cybersecurity is available here.
With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.