Napolitano Says Cybersecurity Executive Order Almost Ready

Department of Homeland Security Secretary Janet Napolitano revealed September 19 that an executive order granting the president sweeping power over the Internet is “close to completion.”

Department of Homeland Security Secretary Janet Napolitano revealed September 19 that an executive order granting the president sweeping power over the Internet is “close to completion.”

Testifying before the Senate Committee on Homeland Security and Governmental Affairs, Napolitano said that the order is still “being drafted” and vetted by various high-level bureaucrats. But she also indicated that it would be issued as soon as a “few issues” were resolved. Assuming control of the nation’s Internet infrastructure is a DHS responsibility, Napolitano added.

“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,” she informed senators.

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 cybersecurity, 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.

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