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  • Presidential Powers During Cybersecurity Emergencies

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    Eric Sinrod
    FindLaw
    October 7, 2009

    Our nation can be threatened not only by physical attacks on terra firma, but also in Cyberspace. Indeed, Cyber attacks could threaten all sorts of mission critical systems.

    For this reason, aides to Senator Jay Rockefeller reportedly have been working recently on a revised draft Senate bill that would give the President broad powers in the event of a Cybersecurity emergency, and that apparently would go so far as allowing the President to temporarily seize control over computer networks in the private sector.

    This power is akin to the power President Bush exerted when he grounded commercial aircraft in the wake of the September 11, 2001 World Trade Center and Pentagon attacks, according to a reported Senate source.

    The revised draft Senate bill calls on the President, within 180 days of enactment, to develop and implement a comprehensive national Cybersecurity strategy. This strategy is to provide a “long-term vision of the Nation’s Cybersecurity future” and a plan that “encompasses all aspects of national security,” which would include private sector involvement.

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    Importantly, the revised draft Senate bill sets forth that “in the event of an immediate threat to strategic national interests involving a compromised Federal Government or United States critical infrastructure information system or network,” the President may declare “a Cybersecuirty emergency” and may, if deemed necessary by the President for “the national defense and security,” direct “the national response to the Cyber threat” and the “timely restoration of the affected critical infrastructure information system or network.”

    This is a mouthful, of course. But what it boils down to is that, if this becomes law, the President will be able to declare a Cybersecurity emergency and then direct the response to that threat. This would give the President very broad power.

    Some might argue that this open-ended power and flexibility are exactly what the President would need to cope with the unusual circumstances that could be encountered by various types of Cyber attacks.

    Others might argue that the revised draft Senate bill is too vague in terms of the scope of authority ceded to the President, and that there should be greater specificity to ensure that unbridled power is not abused potentially in the future.

    Plainly, the United States needs a chain of authority and plans and measures designed to prevent and then cope with possible Cyber attacks. However, whether the revised draft Senate bills gets off the ground and becomes law as is remains to be seen.

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    Be prepared

    Comment Rules

    42 Responses to “Presidential Powers During Cybersecurity Emergencies”

    1. Gandhi Says:

      Dictatorship powers

      Gandhi Reply:

      I forgot to say first!!!!!!!

      free me Reply:

      THEY WILL GET THE MASSES MICROCHIPPED FOR HEALTH CONCERNS [RECEPTORSLLC]

      THEN POINT OUT/AND TWEAK THE CHIPS FOR TRANSACTIONS.

      _
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      THE HEALTH CARE BILL…..

      ____________IS THE MICRO CHIP BILL ! __________

      ITS ALL ABOUT PAGES 1001-1007
      _

      THEY WILL GET THE MASSES MICROCHIPPED FOR HEALTH CONCERNS [RECEPTORSLLC]

      THEN POINT OUT/AND TWEAK THE CHIPS FOR TRANSACTIONS.

      _
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      _
      THE HEALTH CARE BILL…..

      ____________IS THE MICRO CHIP BILL ! __________

      ITS ALL ABOUT PAGES 1001-1007

      ITS THE BEAST, THE DECEIVER, DECEPTION UPON DECEPTION.

      RECEIVING THE CHIP IS AGREEING WITH THE LIE, AND …THE DECEIVER.

      THE NWO, IT IS THE BEAST

      ___

      ITS THE BEAST, THE DECEIVER, DECEPTION UPON DECEPTION.

      RECEIVING THE CHIP IS AGREEING WITH THE LIE, AND …THE DECEIVER.

      THE NWO, IT IS THE BEAST.

      _________BUILDING 7 TRUTH, ITS FUNDEMENTAL_________

      free me Reply:

      FUNDAMENTAL TOO.

      Red Dawn 09 Reply:

      All they had to say was rockefeller and you know its some why to control more and take more civil liberties away. Click my name for more information on todays hottest topics including swine flu,Ron Paul,Bilderberg and others. Movies,video’s,blog’s,text and when you cant cram anymore, Games. Updated daily and newly awakened patriots welcome.

      A:EYE Reply:

      hey thanks for the info on your website about the swine flu it is very helpful

      CarlitosWay Reply:

      Italian way, YEAH!

      http://www.npr.org/templates/s.....=113582481

      Red Rabit Reply:

      Im going to tell you all the reason. In the event a major WMD bio attack etc, these powers will prevent that local area from using the channels to get the news out and alert the public without it being filtered thru the control line. This legislation will no dought cover up any type of action taking place without approval of its exposure. This is a Blackout… Movie Running Man can be reality once this takes effect.

      Rifleman for peace corps Reply:

      When military checkpoints are here via martial law, to impliment forced vaccinations, and those who refuse will be sent to fema quarantine camps, for extermination. We all know mainstream media wont cover it, but we will find out via the internet that Rockefeller despises. Therefore, when the NWO unleashes hell on earth using compliant troops and police (some wont comply, but most will:)
      There will be an executive order to turn off the internet and cell communications, and phones. The tv propaganda commercials are already hinting to us that phones and web will be shut down.

      There has been hundreds of thousands of Roundabout roads installed throughout the US this year, take a good look at one. The center of the round about is elevated, and has a gas line, and electric line right in the middle, perfect for installing a checkpoint. RFID bracelets, will allow you to pass the checkpoint, if you dont have one, you will have to take the shot, or go to camp fema, first they need to do gun confiscations, another reason to shut down the web and phones.
      Time is ticking, the only hope for us is to get our local sheriffs to join the oath keepers movement, and help us from being killed. Call your sheriff today, tell them not to participate in gun confiscations, forced vaccinations, and sending Americans to fema camp prisons.

      If you think this is all BS or a joke, its not. I used to think it was, until i saw this cdc document, here is 1, dont think your state doesent have the same protocol. I damn near messed my drawers after reading this.
      LOOK–> http://www2a.cdc.gov/phlp/docs.....-30-09.pdf

    2. aj@bj.com Says:

      OBAMA IS A ZIONIST’S TOOL.

      But sadly AJ won’t say that.

      He would rather have us chase their puppet front organizations (cfr, bilderberg, un…).

    3. Gandhi Says:

      alex jones’ monitors have more power than barry will have when it comes to free speech.

    4. C13 Says:

      http://www.youtube.com/watch?v=-yj747_5M8U

    5. spectre Says:

      Well that explains this http://www.stevequayle.com/New.....hreat.html

    6. informyourmom Says:

      No surprise that the bill is sponsored by a Rockefeller.

      better cap those we can while we can

    7. Dave Says:

      This is how the feds will obtain complete internet control,they’ll say it’s because of a “terrorist hacking incident” and it will justify them shutting down informative sites such as this and hundreds of others indefinitely.
      Be careful,when “they” shut down the web,that is probably the time that patriotic and defiant Americans will have their doors kicked in under the cover of us not being able to share the info and raise the alarms to others.
      -When the web’s down,lock,load and have your weapons read at your bedside every nite!

    8. gyuj Says:

      LOL

      All these people have to do is to pull off the so called National Security Data from being exposed on the Internet! Why do they have to be on the Internet anyway?

    9. The End Is Near Says:

      “Every principle of our constitution WILL BE REPUDIATED…” E.G.W. the great controversy 1800’s
      check the book out..A MUST READ!!!!

      http://www.thegreatcontroversy.....index.html

    10. atomic811 Says:

      What I don’t understand is why is everyone..including me just sitting here. I know all this stuff and I had a horrible thing happen to me (click my name to hear my story), but we just keep getting all this information and doing what??

    11. earthisdying Says:

      through the excuse of national security they want to control everything. National security is like a wild card that they pull out whenever they want to control something. I am sorry, but that national security act of 1947 (around then) has to be repealed in order to take away that wild card they use all the time, and which allows them to do as much abuse as they want to the American people and the people of the rest of the world.

    12. richiebloom Says:

      Remember the Reichstag

    13. RB Says:

      No swear words and very short, I just left a comment that got deleted. What’s going on? Censorship HERE?

      RB Reply:

      Oops.. my fault…forget that last comment

    14. Bob Says:

      God we have to stop these TYRANTS!

      TYRANTS! SCUM! CRIMINALS!

    15. puppetsinDC Says:

      something tells me that barry soetoro is going to be using these powers a lot. the internet and radio they know is what is slowing down their whole agenda. what a sad group of corrupt politicians we have.

    16. Archibald Farrow Says:

      Yeah well thats just the thing about the internet, it was built to withstand a nuclear attack.

      A couple of lazy FBI geeks aren’t going to gain control of it any time soon, despite all their WoW fantasies and unfailing desire to stuff their noses into the butt cheeks of those in authority.

      Just remember Usenet –

      “This is similar to the complex transportation plan of a city. There are multiple ways to get to any point in the city. If any of those ways is blocked for any reason, there is always another avenue for one to get where one wants to go.”

      roaddog6 Reply:

      this is just a step in setting up the ground work to shut down the internet as we know it and open the internet2.

    17. Liberty Buddha Says:

      NASA bombing the moon Oct. 9th read here:

      http://www.examiner.com/x-8698.....b-the-moon

    18. kat Says:

      We have each other people thats it ! We can make it without the net with each others help.

      roaddog6 Reply:

      kat—I’ve been trying to wake up the herd about this, trying to come up wih an alternative to the internet for communication to family, friends and patriots when the shtf. Any ideas?

      kat Reply:

      Places we can meet is a good start , traps for food , and you know if we have to , as the old saying goes “live off the fat of the land ” i’m 54 and have had to live pretty hard my friend and still am . I’m use to being poor and have made it this far . I’m no terrorist and i don’t like to be treated as such by some of the so called fellow Americans in power . I have only had a computer for 3 years maybe 4 . So i’m not going to miss it .

      kat Reply:

      Also WALKY TALKY is good , but they would listen to that most likely. It will be like the old west again i would say .

    19. chemtrailzombie Says:

      imagine the computer a main stream media outlet to hide important information from getting to the people.a brain washing one sided internet as the elite put there evil depopulation plan to work as it already is.

    20. Archibald Farrow Says:

      short wave radio battery powered

      roaddog6 Reply:

      archibald—-that was the next thing I was gonna look into. I’m running out of options here.

      nader paul kucinich gravel Reply:

      NEW RED DAWN MOVIE
      United States of Israel.
      Treasury is Bankrupt.
      American Holocaust.
      9/11 False Flag.
      James Blunt’s
      No Bravery

      RATM

    21. Tennessee Trucker Says:

      The Rockefeller Family is being exposed for what they truly are, greedy, seething pieces of garbage. Of course Jay Rockefeller wants the internet shut down or controlled. According to the Rockefellers you’re all just a bunch of useless eaters. Many Americans broke their backs to help make this family wealthy, how dare they.

    22. Johnny Canuck Says:

      Jay Rockefella – the guy that said it was a mistake to allow people to have the internet. Go fuckin’ figure! Scum Rockefellatio! Eat shit and die all you pieces of dogshit!

    23. Betsy Says:

      Mr. Jay Rockefeller needs a more convincing story. This one has glaring holes. It looks like plain old tyranny to me.

    24. SPIRITBLADE Says:

      i said:

      “WE AIN’T IN THE “PRISONER-TAKIN’ BUSINESS.”

    25. BillyVicJoeTown65985 Says:

      Ya’ll bitches need to smoke some crack and calm the f down.

      PEACE.

      ps. parker lewis CAN’T LOSE.

    26. Parakletos Says:

      Dear Mr Obama won the Noble peace award! LOL (Eventhough, he wants to send more troops to Iraq, Afganistan.)
      For dividing Jerusalem , and bowed his knees to Islam.
      FOR PEACE? I DONT THINK SO.

    27. Reaper Says:

      I see alot a talk here when the real question is..What are you gonna do about it? Nothing!!! Less this Alex Jones guy can start a revolution. Then we will be slaves. Without control. the human race will kill each other. If something happens here near my house and people start packing up? Ima be outside to fire rounds into the crowd and i don’t use tear gas..Why? Cause i don’t want the gov to hit me trying to deal with u!