Let Cybersecurity Bill Stay Dead

The Internet continues to be a political football in Washington. The latest move is that President Barack Obama may circumvent Congress by using executive orders to impose parts of the failed Cybersecurity Act, S. 2414, co-sponsored by Sen. Joe Lieberman, I-Conn., and Sen. Susan Collins, R-Maine. The act would have encouraged government and industry to share information on supposed "threats" to the Internet. In reality, it would have made it easier for the government to access your email and other Internet information without a warrant.

The bill was opposed by conservatives, libertarians and liberals resisting increasing the power of government over the Internet; and by business groups worried about even more regulations on business as the economy continues to stagnate. We have written editorials against this act and similar legislation. Fortunately, Aug. 2 it fell short in the Senate, with 52 votes in favor and 46 against; supporters needed 60 votes to clear a threatened Republican filibuster.

Unfortunately, voting in favor were California's two senators, Dianne Feinstein, chairwoman of the Senate Intelligence Committee, and Barbara Boxer. Most of their fellow Democrats also favored the bill. But fellow Democrat Ron Wyden or Oregon, a staunch privacy advocate, opposed the bill even though some changes were made to address his concerns.

The bill likely will be back next year. But what's troubling now is the possible unilateral action by the president. In an email quoted in TheHill.com, Obama press secretary Jay Carney said, "In the wake of congressional inaction and Republican stall tactics, unfortunately, we will continue to be hamstrung by outdated and inadequate statutory authorities that the legislation would have fixed.

Moving forward, the president is determined to do absolutely everything we can to better protect our nation against today's cyber threats, and we will do that."

On July 20, the president authored an opinion column in the Wall Street Journal. He warned, "[T]he cyber threat to our nation is one of the most serious economic and national security challenges we face ... So far, no one has managed to seriously damage or disrupt our critical infrastructure networks. But foreign governments, criminal syndicates and lone individuals are probing our financial, energy and public safety systems every day."

What the president "will do" was left unspecified.

"Some things he evidently could do by executive order, other things, not," Jim Harper told us; he's the director of information studies at the libertarian Cato Institute. "I don't understand why the president needs to do that. There's no urgency. The story that we're on the brink of some kind of cyberattack is foolishness."

Harper also wondered about the political aspect. "Maybe people in D.C. have worried themselves into a tizzy, but I really don't see the political advantage" of imposing features in the bill, Harper said.

Of course, cybersecurity is a concern. But people, businesses and government already are taking measures against it. We encourage people to use adequate antivirus and antimalware software on their devices. But a heavy-handed, top-down approach from Washington is the wrong strategy.

The president should hold off on unilateral actions and, instead, allow the normal congressional process to take its course, even if it's next year. He can participate if he's still in office.

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