Over at the Volokh Conspiracy, Stewart Baker wonders how much President Obama could get done with an executive order on cybersecurity—now that the legislation has failed. Quite a lot, he argues:
In short, an aggressive executive order could do as much or more than the bills that were emerging from the lobbyist-ridden cybersecurity negotiations on the Hill. An order would be controversial, but the controversy itself may be welcomed by the administration. I have no doubt that right now it would relish a fight over national security with the Chamber of Commerce. (Whether it would welcome a tussle with privacy groups is less clear, so the information sharing problem may be left to fester. )
With substance and politics in alignment, it’s easy to see why rumors are flying about a pending order.