(Re-)Configuring Federal Cybersecurity Regulation: From Critical Infrastructures to the Whole-of-the-Nation

Cyberattacks are one of the greatest threats to United States’ national security. Facing an increase in cyberattacks, current patchwork federal cybersecurity regulations does not maximize country’s ex ante defense that should protect entire nation. This Article examines agencies’ involvement promulgating and Executive Branch actions, identifying three shortcomings framework: (1) nation lacks a general agency with regulatory enforcement authority, (2) programs often rely on business participation leadership without incorporating non-profit organizations individuals, (3) approaches overemphasize importance attributing attacks corresponding culprits. To rectify these weaknesses cyber defense, this argues Congress shouldexpand Cybersecurity Infrastructure Security Agency’s rulemaking authority monitor mitigate across varying sectors, including government, businesses, insurers, organizations, individuals.