Cybersecurity Mission Creep in the US

Interesting paper: “ Cybersecurity Mission Creep .” Abstract: Cybersecurity is experiencing mission creep. Policymakers are casting more and more problems as issues of cybersecurity. So reframed, wildly different policy issues, from misinformation, to child social media safety laws, to antitrust regulations, to alleged journalist misconduct, to anti-sex trafficking statutes become what this Article calls “cybersecuritized.” Before this reframing, these issues present as important but not existential. But once cybersecuritization positions the issues as threats intensified by their technological nature, they gain access to the politics and law of urgency and exceptionalism and invite troubling governance responses. Positioned as security threats, cybersecuritized issues become endowed with the apparent normative power to override countervailing considerations, oversimplifying the problem. Cybersecuritization’s oversimplification similarly risks unidimensional solutions and invites use of argumentative trump cards, like First Amendment challenges. Cybersecuritization also invites deference to purported specialists and their proposed solutions. Together, the reductive tendencies of cybersecuritization and the deference it prompts to specialists renders ultimate governance choices more opaque. And this opacity can erode public trust and political legitimacy. This Article surfaces the phenomenon of cybersecuritization and offers a novel framework for analyzing and critiquing it. Mining cases from across criminal and civil domains, the account also demonstrates the insidiousness of cybersecuritization and the likelihood that it will continue to expand. Confronting cybersecuritization is crucial. If we continue to ignore it, we risk abdicating further responsibility for difficult choices to the trump card of cybersecurity. This Article’s analysis and critique aim to help reclaim the hard work of governance for our hands.