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More Spyware, Fewer Rules: What Trump’s Return Means for US Cybersecurity

by Martin Haffner Assoiate Editor

Experts expect Donald Trump’s next administration to relax cybersecurity rules on businesses, abandon concerns around human rights, and take an aggressive stance against the cyber armies of US adversaries.

For American companies grousing about new cybersecurity rules, spyware firms eager to expand their global business, and hackers trying to break AI systems, Donald Trumps term as president will be a breath of fresh air.

For nearly four years, president Joe Biden’s administration has tried to make powerful US tech firms and infrastructure operators more responsible for the nation’s cybersecurity posture, as well as restrict the spread of spyware, apply quadrails to AI, and combat online misinformation. But when Trump takes office in January, he will almost certainly eliminate or significantly curtail those programs in favor of cyber strategies that benefit business interests, downplay human-rights concerns, and emphasize aggressive offense against the cyber armies of Russia, China, Iran, and North Korea.

“There will be a national security focus, with a strong emphasis on protecting critical infrastructure, government networks, and key industries from cyber threats,” says Brian Harrell, who served as the Cybersecurity and Infrastructure Security Agency’s assistant director for infrastructure security during Trump’s first term.

From projects whose days are numbered to areas where Trump will go further than Biden, here is what a second Trump administration will likely mean for US cybersecurity policy.

Full Reversal

The incoming Trump administration is likely to scrap Biden’s ambitious effort to impose cyber regulations on sectors of US infrastructure that currently lack meaningful digital-security safeguards. That effort has bornw fruit with railroads, pipelines, and aviation but has hit hurdles in sectors like water and health care.

Despite mounting cyberattacks targeting vital systems—and despite this year’s Republican Party platform promising to “raise the security standards for our critical systems and networks”—conservatives are unlikely to support new regulatory mandates on infrastructure operators.

There will be “no more regulation without explicit congressional authorization,” says James Lewis, senior vice president and director of the Strategic Technologies Program at the Center for Strategic and International Studies.

Harrell says “more regulation will be dismantled than introduced.” Biden’s presidency was “riddled with new cyber regulation” that sometimes confused and overburdened industry, he adds. “The new White House will be looking to reduce regulatory burdens while streamlining smart compliance.”

This approach may not last, according to a US cyber official who requested anonymity to discuss politically sensitive issues. “I think they’ll eventually recognize that the efforts focused on regulation in cyber are needed to ensure the security of our critical infrastructure.”

“Regulation is the only tool that works,” Lewis says.

Some Biden cyber rules might be overturned in court, now that the Supreme Court has eliminated the deference that judges previously gave to agencies in disputes over their regulations. John Miller, senior vice president of policy at the Information Technology Industry Council, a major tech trade group, says it’s also possible that Trump officials “might not wait for the courts” to void those rules.

Mark Montgomery, senior director of the Center on Cyber and Technology Innovation at the Foundation for Defense of Democracies, predicts that the Trump administration will emphasize cooperation and incentives in its efforts to protect vulnerable industries. He points to House GOP plans for water cybersecurity as an example.

Trump’s election also likely spells doom for CISA’s work to counter mis- and disinformation, especially around elections. After Trump lost the 2020 election, he fired CISA’s first director or debunking right-wing election conspiracy theories, and the conservative backlash to anti-misinformation work has only grown since then.

In 2022, Trump outlined to “break up the entire toxic censorship industry that has arisen under the false guise of tackling so-calleda “free speech policy initiative”  ‘mis-’ and ‘dis-information.’” Elon Musk, the billionaire owner of Tesla, SpaceX, and X whom Trump has tapped to colead a “government efficiency” initiative, enthusiastically shared the plan last week.

CISA has already dramatically scaled back its efforts to combat online falsehoods following a right-wing pressure campaign, but Trump appointees are almost certain to smother what remains of that mission. “Disinformation efforts will be eliminated,” Montgomery predicts.

Harrell agrees that Trump would “refocus” CISA on core cyber initiatives, saying the agency’s “priorities have mistakenly

Nov 14, 2024 5:30 AM