US courts throwing wrench into cyber regulation – watch out

TLDR: The US courts may have thrown a wrench into cyber regulation

– The recent decision by the US Supreme Court to overrule the Chevron Deference has serious implications for cyber security regulation.
– The Loper ruling shifts power from the executive branch to the judiciary and Congress, leading to a more fragmented regulatory framework.

Summary:

The recent decision by the US Supreme Court to overrule the longstanding Chevron Deference has thrown a wrench into cyber security regulation in the United States. This ruling has shifted power from the executive branch to the judiciary and Congress, creating a more fragmented and inconsistent regulatory framework for cyber security. The elimination of the Chevron Deference may hinder the ability of federal agencies to effectively address emerging technology matters, such as cyber security threats and artificial intelligence. The private sector will now play a crucial role in shaping cyber security standards and norms beyond federal policy, and organisations will need to strengthen their cyber security posture to protect against uncertain regulatory requirements. The decision also raises concerns about the US’ ability to lead in setting international norms and standards in cyber security.