Global Cybersecurity, Surveillance, and Privacy: The Obama Administration's Conflicted Legacy

Abstract

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation. Moreover, Snowden’s revelations had triggered an international trust deficit. To deal with these challenges, the executive branch under President Barack Obama resorted to two alternatives: soft law and agency discretion. Soft law entails the issuance of non-binding policy positions and entry into nonbinding agreements with other stakeholders. In contrast, agency discretion connotes unilateral action by federal agencies.