id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-27133	Streich, Graham	(Re-)Configuring Federal Cybersecurity Regulation: From Critical Infrastructures to the Whole-of-the-Nation	2023	34	.pdf	application/pdf	13955	775	34	See supra notes 167-71. 2022] (RE-)CONFIGURING FEDERAL CYBERSECURITY REGULATION 757 Three core themes in federal cybersecurity obstruct the nation’s overall cyber defense.183 As discussed, current cybersecurity regulation lacks a centralized regulatory body that can enforce nationwide standards.184 Separating data privacy from cybersecurity exacerbates the information-sharing problems that result from non-centralized threat monitoring.185 Additionally, cybersecurity regulation focuses on private sectors and attributing attacks.186 Relying on business cooperation makes monitoring threats harder187 and does not include non-profit entities, like hospitals and schools, and individuals in decision-making.188 Lastly, attributing cyberattacks and relying on private sector cooperation does not maximize ex ante cyber infrastructure defense189 and, given extradition problems, may not lead to enforcement given extradition problems.190 [Vol. 55:733 cybersecurity regulation is entity or industry-specific, with the Federal Trade Commission (FTC) and Securities Exchange Commission (SEC) as enforcers of private sector cybersecurity.19 The Executive’s national security powers also regulate cybersecurity.20 Though President Joseph Biden embraced a “whole-of- [the]-nation” approach to cybersecurity, his Executive Orders focused on critical infrastructures and private sector cooperation.21 Consequently, these laws and Executive Orders do not ensure robust cyber defense protocols across the nation and centralized cyber threat monitoring22 or maximize transparency and certainty for citizens, companies, and insurers.23 Instead, current legislation dichotomizes data protection and privacy from cyberattacks,24 relies on decentralized reporting and self-regulation,25 and focuses on attributing the attack to a specific entity.26 These weaknesses may complicate room/statements-releases/2021/07/28/fact-sheet-biden-administration-announces-further-actions-to- protect-u-s-critical-infrastructure/ [perma.cc/MJ85-FPWB] (describing federal cybersecurity as a piecemeal patchwork of sector-specific statutes that, given the evolving cyber threats the nation faces, recommends new voluntary and mandatory approaches).	cache/inlawrev-27133.pdf	txt/inlawrev-27133.txt