Citing cyberthreats as one of the most serious economic and national security challenges to the U.S., President Obama recently issued an executive order (EO) authorizing the use of economic sanctions against those who maliciously engage in cyberespionage. This is the latest in a number of administration efforts to address America’s lack of a unified federal cybersecurity framework in the face of increased public pressure to make cybersecurity a priority.
This new sanctions program adds to the administration’s effort to strengthen its stance on cybercrime following a string of cyberattacks against major U.S. companies and culminating in President Obama’s accusations against North Korea for last December’s breach at a U.S. entertainment company. With the American public now all too aware that their personal information is vulnerable to attacks by cybercriminals, the Obama Administration added $14 billion to its 2016 budget proposal for enhanced cybersecurity measures and called on Congress to enact more comprehensive cybersecurity legislation. Now the administration may use sanctions similar to those employed in response to the Middle East crisis and Russia’s Ukrainian aggression to punish those who attack U.S. interests via cyberspace.
The president’s latest action allows the Department of the Treasury to sanction private companies who engage in cyberespionage against — or steal commercially valuable information from — governmental entities as well as U.S. companies. The EO — entitled “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities” — targets individuals and companies who engage in cyber activities aimed at harming critical infrastructure, damaging computer systems or stealing trade secrets or sensitive information. Consequently, where the government deems such cyberactivities have harmed the national security or the economic health of the U.S., officials may seize the U.S. funds of sanctioned individuals or entities, as well as ban them from the U.S. financial system.
The EO provides a broad and flexible mandate, authorizing the secretary of the Treasury to block the property and other interests of those involved in a “significant” cyber event that is “reasonably likely to result in, or have materially contributed to a significant threat to the national security, foreign policy, or economic health or financial stability of the United States.” The lack of specific thresholds at which officials should consider an event significant or precise definitions of such things like a “cyber event” grants policymakers considerable discretion in determining which cyber-attacks qualify for sanctions. It also gives them the flexibility to apply sanctions to a wide range of activities, including both threats to national security, as well as activities that endanger the financial well-being of U.S. companies. Despite this expansive authority, administration officials indicate that they will minimize potential infringement on free online expression or other freedoms by narrowly targeting the use of sanctions to the most serious overseas cybercriminals and to specific malicious activities.
While the EO’s flexibility gives the administration the ability to adapt to the evolving methods and capabilities of international cybercriminals, it may prove to be a difficult tool to use. The sheer volume and frequency of cyberattacks, intrusions and online theft makes it impossible to deal with every incident, as well as more challenging to determine which ones to address. Additionally, establishing which persons to target can be tricky since criminals can easily disguise the source of a cyberattack, making it difficult to trace. This can lead to contentious decisions and — particularly if officials do not clearly explain their reasoning or apply sanctions inconsistently — frustrate U.S. companies.
Nonetheless, cybersecurity is clearly no longer an option, but a priority for everyone. U.S. intelligence officials, claim cyberattacks are one of the most pressing dangers facing the U.S. and warn that Russian and Chinese hackers are actively targeting the corporate trade secrets of Western companies. Thus, organizations cannot rely on government efforts to protect them from cyber threats, but must implement their own comprehensive approach to cybersecurity — including employees who understand how to implement policies and procedures properly — to prevent and address attacks against their computer systems.
Online compliance training is an easy and effective way to teach employees the essential physical, technical and administrative procedures they must follow to keep data safe.
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