SusanWBrennerCyberThreats.pdf

606 bureaucra cies are therefore predicated on a top

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606 Bureaucra- cies are therefore predicated on a top-down strategy in which the "offices" with greater authority adopt and enforce rules that impose certain requirements (i) on offices within that organiza- tion that have lesser authority or (ii) on external entities that 603. See, e.g., Cybersecurity and Internet Freedom Act of 2011, S. 413, 112th Cong. § 254(c)(2) (2011) (stating that an owner or operator of a system or asset identified as covered critical infrastructure may file an appeal "seek- ing judicial review" of the entity's "final agency action" in the U.S. District Court for the District of Columbia). 604. As I noted above, other members of Congress have submitted their own cybersecurity legislative proposals. See supra notes 389-392 and accom- panying text. Since those proposals are similar in at least certain respects to the White House and Senate proposals, we will not examine them separately. 605. See supra Part II. 606. See supra note 459. 248 [Vol. 14:1
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CYBER-THREATS are subject to the organization's supervision. 60 7 As we saw in Part II, this model has worked well in the military and in other organizations charged with achieving concrete objectives in re- al-space. It is unlikely to work well in incorporating civilians and civilian entities into an effective cyber-threat control effort, for several reasons. For one thing, the bureaucracy created by the Senators' and the White House's proposals would not be a free-standing bureaucracy with its own mission, discipline and esprit de corps. 608 The proposed Department of Homeland Security-based bureaucracy would be an essentially parasitic entity that would intrude into, interfere with and alter the otherwise routine op- erations of the civilian entities that were subject to its authori- ty. The measures this Department of Homeland Security-based bureaucracy would impose on these entities would alter their routine functioning and mission in various ways and would, as a result, almost certainly generate resistance. 609 That means these measures, like any prescriptive rules, 610 would have to be enforced, which can be an onerous task for any bureaucracy. Given the highly complex, constantly evolving nature of the cy- bersecurity measures this agency would be imposing and the number of civilian entities and civilians involved in the imple- mentation of these measures, effective enforcement would be an incredibly complex, challenging, and expensive undertak- ing.6 11 It would almost certainly be ineffective. In Part II, we saw that the approach nation-states have traditionally taken to con- trolling real-space threats (crime, terrorism, and warfare) be- comes increasingly ineffective as threats are vectored through cyberspace. That discussion focused primarily on how cyber- space's erosion of the significance of territory undermines the 607. See supra note 459. In other words, Weberian bureaucracies rely on prescriptive rules, i.e., rules that prescribe certain behaviors and/or results and impose sanctions for failing to comply with what is required. For more on prescriptive rules, see Distributed Security,
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  • Three '18
  • Federal Bureau of Investigation, Law enforcement agency, J. L. SCI.

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