Cybersecurity Regulation through Executive Order (Regulation 1)

Editor’s Note:  The new cybersecurity Executive Order is attached here.

The regulatory nature of the Order was made evident in Sec. 10.b’s discussion of agencies proposing “prioritized, risk-based, efficient, and coordinated actions, consistent with Executive Order 12866…” and in the Section’s frank discussion of “cybersecurity requirements.”

The Order’s strong emphasis on use of private sector standards is very significant along with the Order’s instance on cost-effectiveness. What remains to be seen is the extent to which industry compliance with the Order provides companies with safety from regulatory and legal hazards.

Obama Poised to Skirt Congress to Seal Legacy in New Term Agenda

From: Bloomberg

By Lisa Lerer

When President Barack Obama delivers his State of the Union address on Tuesday night, the biggest question he’ll face will be how to get an ambitious second-term agenda through a divided Congress.

The answer: Go around it.

On climate change, gun control, gay rights, and even immigration, the White House has signaled a willingness to circumvent lawmakers through the use of presidential power. Already, plans are being laid to unleash new executive orders, regulations, signing statements and memorandums designed to push Obama’s programs forward and cement his legacy, according to administration aides and allies.

The Statement and Account Clause and Citizens United: Part II

From: Jurist/Sidebar Brief

Joseph Marren, President and Chief Executive Officer of KStone Partners LLC, in a continuance of a previous piece, reviews the history of financial reporting by the federal government.

The Lilliputians of Environmental Regulation: The Perspective of State Regulators

From: Routledge/Taylor & Francis

By Michelle C. Pautz, Sara R. Rinfret

When we think about environmental policy and regulation in the U.S., our attention invariably falls on the federal level and, more specifically, the U.S. Environmental Protection Agency.  Although such a focus is understandable, it neglects the actors most responsible for the implementation and maintenance of the nation’s environmental laws – the states.  Recognition of the importance of the states still ignores an even smaller subsection of actors, inspectors.  These front-line actors in state environmental agencies are the individuals responsible for writing environmental rules and ensuring compliance with those rules.  They play an important role in the environmental regulatory state.

Obama’s climate team appears primed for action

From: Politico

By: Darren Goode

Who will help President Barack Obama meet his ambitious promises to tackle climate change?

Eco-celebrities and tree-climbing protesters need not apply. This is a job for wonks.

The president’s top climate appointees and the outside advisers best positioned to shape his agenda are a team replete with heavy hitters — including green-minded business leaders, buttoned-down environmental lobbyists and bureaucrats who have spent years wrestling with the minutiae of regulations.

At the outset, the group might be light in executives from the industries that would be most affected. Some of the CEOs the administration drew support from during Obama’s first term are leaving the business or moving on to other things.

Six things you should know about the costs of federal regulation

From: Deseret News

By Matthew Sanders

How valuable is your time? Can you afford to lose some of it?

Throughout history we’ve observed markets emerge that help match up buyers and sellers. The New York Stock Exchange for shares of businesses, Chicago Board of Trade for commodities like food, metals and energy, and more recently eBay and Groupon for spot deals on consumer goods help make market matchmaking much more efficient and buyers and sellers happier.