United States: The New Cybersecurity Executive Order: What It Does And When

Last Updated: May 19 2017
Article by Aaron Lang

"Will the President sign it?" I asked in a recent post. As if in direct answer, the President issued the order the same day, May 11, 2017. The order is titled Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, and it appears to be identical to the recently leaked draft.

The order commissions a slew of reports from federal agencies. Below is a list of those reports, including their due dates. The list proceeds in three parts, mirroring the order's three main sections: Cybersecurity of Federal Networks, Cybersecurity of Critical Infrastructure, and Cybersecurity for the Nation.

Cybersecurity of Federal Networks

  • Risk Management Reports: Each agency head must give a risk management report to the Secretary of Homeland Security and the Director of OMB within 90 days of the date of the order.
    • The reports must document the risk mitigation and acceptance choices made by each agency head, including the strategic, operational, and budgetary considerations that informed those choices, and any accepted risk, including from unmitigated vulnerabilities. They must also describe how the agencies plan to implement The Framework for Improving Critical Infrastructure and Cybersecurity.
  • Evaluation of the Risk Management Reports: OMB and DHS, with the support of the Secretary of Commerce and the Administrator of General Services, must evaluate agencies' risk management reports within 60 days of receiving them, and then report to the President.
    • The report must include a determination as to whether the agencies' risk mitigation and acceptance choices are "appropriate and sufficient to manage the cybersecurity risk to the executive branch." It must also include a plan to address any deficiencies noted in the risk management reports.
  • Report on Federal IT Architecture: The Director of the American Technology Council, along with DHS, OMB, the Administrator of General Services, and the Secretary of Commerce, must report on the "modernization of Federal IT" within 90 days of the date of the order.
    • The report must describe the "technical feasibility and cost effectiveness" of transitioning agencies to consolidated network architectures and shared IT services, including "email cloud, and cybersecurity services."

Cybersecurity of Critical Infrastructure

  • Report on Critical Infrastructure at Greatest Risk: The Secretary of Homeland Security, the Secretary of Defense, the AG, the Director of National Intelligence, and the Director of the FBI must identify "authorities and capabilities that agencies could employ to support cybersecurity efforts of critical infrastructure entities," and report to the President on their findings within 180 days of the date of this order.
  • Report on Transparency in the Marketplace: The Secretaries of Homeland Security and Commerce must report to the President on existing federal policies and practices to promote market transparency of cybersecurity risk management practices by critical infrastructure entities. The report is due within 90 days of the date of the order.
  • Report on Resilience Against Botnets and Other Automated Distributed Threats: The Secretaries of Homeland Security and Commerce must "identify and promote action[s]" to reduce the threat posed by automated and distributed attacks. A preliminary report must be made publicly available within 240 days of the date of the order. A final version is due to the President within one year.
  • Assessment of Electricity Disruption Incident Response Capabilities: The Secretaries of Energy and Homeland Security must jointly assess the threat of a cyber-attack on the nation's electrical grids, and our capacity to respond to such an attack. The assessment is due to the President within 90 days of the date of the order.
  • Report on Department of Defense Warfighting Capabilities: Also due within 90 days is a report on cybersecurity risks to the nation's military supply chain, systems, and networks. The Secretaries of Defense and Homeland Security, the FBI Director, and the Director of National Intelligence are responsible for this report.

Cybersecurity for the Nation

  • Report on Deterrence of and Protection Against Cyber Threats to the American People: The Secretaries of State, the Treasury, Defense, Commerce, and Homeland Security, along with the AG and the U.S. Trade Representative, must report to the President on the strategic options for "deterring cyber adversaries and better protecting the American people from cyber threats." The report is due within 90 days of the date of the order.
  • Report on International Cybersecurity Priorities: The Secretaries of State, the Treasury, Defense, Commerce, and Homeland Security, in coordination with other officials, must report to the President on "their international cybersecurity priorities, including those concerning the investigation, attribution, cyber threat information sharing, response, capacity, and cooperation." This report is due within 45 days.
    • A second report, due within 90 days, of the submission of the international cooperation report must provide "an engagement strategy for international cooperation in cybersecurity."
  • Workforce Development Reports:
    • Assessment of Education and Training of American Cybersecurity Workforce of the Future: The Secretaries of Commerce, Homeland Security, Defense, Labor, Education, and the Director of the Office of Personnel Management must collaborate on this report on the state of "cyber-security related education curricula, training, and apprenticeship programs, from primary through higher education." Within 120 days, a report must be given to the President on how to grow and sustain the Nation's cybersecurity workforce.
    • Review of "Workforce Development Efforts of Potential Foreign Cyber Peers": The Director of National Intelligence is in charge of reviewing the cybersecurity workforce development practices of foreign nations and identifying those that are "likely to affect the . . . United State[s'] cybersecurity competitiveness." This order is due within 60 days.
    • Assessment of Scope and Sufficiency of U.S. Efforts to Maintain or Increase Its Advantage in "National-Security-Related Cyber Capabilities": This assessment will be a joint effort of the Secretaries of Defense, Commerce, Homeland Security, and the Director of National Intelligence. It is due to the President in 150 days.

To view Foley Hoag's Security, Privacy and The Law Blog please click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions