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President Obama has upped his war on hackers by declaring a "
state of emergency". This triggers several laws that grant him expanded powers, such as seizing the assets of those suspected of hacking, or taking control of the Internet.
One one hand, this seems reasonable. Hackers from China and Russia are indeed a threat, causing billions in economic damage every year, by stealing money and intellectual property. This declaration specifically targets these issues. Presumably, in the next few weeks, we'll see announcements from the Treasure Department seizing assets from Chinese companies known to have stolen intellectual property via hacking.
But on the other hand, it's problematic. Declarations of emergency tend to be permanent. We already operate under
30 declarations of emergencies dating back to the Korean war. Once government grabs new powers, it tends not to give them back. Also, this really isn't an "emergency", the hacking it addresses goes back a decade. It's obvious corruption of the "emergency" provisions in the law for the President to bypass congress and rule by decree.
Moreover, while tailored specifically to the threats of foreign hackers, it ultimately affects everyone everywhere. It allows the government to bypass due process and seize
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