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The US Supreme Court Kneecapped US Cyber Strategy


After the Supreme Court limited the power of federal agencies to craft regulations, it’s likely up to Congress to keep US cybersecurity policy intact.

The regulation, authorized by the 2022 Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA), is meant to close massive gaps in the government’s awareness of the cyberattacks plaguing US companies every day. Opponents said the EPA had exceeded its authority in interpreting a 1974 law to require states to add cybersecurity to their water-facility inspections, a strategy that a top White House cyber official had previously praised as “a creative approach.” Clarity will be key, says Jamil Jaffer, the executive director of George Mason University’s National Security Institute and a former clerk to Supreme Court Justice Neil Gorsuch.

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