As I noted, yesterday the Senate returned, briefly to consideration of the Cybersecurity Act of 2012.  The rather half-hearted effort (I think that’s a fair characterization) ended as was inevitable — in fact, the motion to proceed to full consideration did no better this time around than it did last August.

I think it is clear that, at this point, legislation is dead in this Congress.  The cynic in me says that this was little more than a political argument to justify the issuance of an Executive Order.  We can’t be sure, of course, that the final version will be anything like the version that has been leaked earlier this  year but for a guess, that was a near-final draft.  And if you want a prediction — President Obama will issue a cyber E.O. sometime before Thanksgiving.

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