The Supreme Court decision to rescind agencies' powers could hurt cyber regulations, experts warn – Axios
Illustration: Aïda Amer/Axios
The U.S. Supreme Court has turned the Biden administration's plans to clean up critical infrastructure's cyber hygiene inside out.
Why it matters: Critical infrastructure organizations have failed to implement basic security practices like multifactor authentication on their own — leaving them easy targets for attacks without new regulations.
Driving the news: The Supreme Court on Friday overturned the 40-year-old "Chevron deference" doctrine, which gave legal preference to executive agencies to interpret the laws they're tasked with enforcing.
Between the lines: It's a nail in the coffin for an executive branch-led strategy that attempted to require many organizations to practice basic cybersecurity via new interpretations of existing law.
Yes, but: This regulatory approach had already faced court pushback in the last year.
What they're saying: "The system was broken before this repeal of the Chevron ruling," Mark Montgomery, director of the Cyberspace Solarium Commission 2.0 at the Foundation for Defense of Democracies, told Axios.
The big picture: Several critical infrastructure sectors don't have legal requirements to institute basic cybersecurity.
Zoom in: The end of Chevron deference also means more agency legislative affairs staffers, lobbyists and advocates will be on Capitol Hill to build a robust Congressional Record that courts and agencies can rely on, Nicole Tisdale, a former House Homeland Security Committee staffer and White House official, told Axios.
A handful of ongoing cyber regulatory efforts could be immediately affected by the ruling, according to Venable.
The intrigue: A lot of the practices Washington will have to follow aren't new, said Tisdale, who now runs her own advocacy firm, Advocacy Blueprints.
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
The U.S. Supreme Court has turned the Biden administration's plans to clean up critical infrastructure's cyber hygiene inside out.
Why it matters: Critical infrastructure organizations have failed to implement basic security practices like multifactor authentication on their own — leaving them easy targets for attacks without new regulations.
Driving the news: The Supreme Court on Friday overturned the 40-year-old "Chevron deference" doctrine, which gave legal preference to executive agencies to interpret the laws they're tasked with enforcing.
Between the lines: It's a nail in the coffin for an executive branch-led strategy that attempted to require many organizations to practice basic cybersecurity via new interpretations of existing law.
Yes, but: This regulatory approach had already faced court pushback in the last year.
What they're saying: "The system was broken before this repeal of the Chevron ruling," Mark Montgomery, director of the Cyberspace Solarium Commission 2.0 at the Foundation for Defense of Democracies, told Axios.
The big picture: Several critical infrastructure sectors don't have legal requirements to institute basic cybersecurity.
Zoom in: The end of Chevron deference also means more agency legislative affairs staffers, lobbyists and advocates will be on Capitol Hill to build a robust Congressional Record that courts and agencies can rely on, Nicole Tisdale, a former House Homeland Security Committee staffer and White House official, told Axios.
A handful of ongoing cyber regulatory efforts could be immediately affected by the ruling, according to Venable.
The intrigue: A lot of the practices Washington will have to follow aren't new, said Tisdale, who now runs her own advocacy firm, Advocacy Blueprints.
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
