On May 1, 2017, President Trump signed the Presidential Executive Order on the Establishment of the American Technology Council (the ATC EO). The ATC EO is intended to “promote the secure, efficient, and economical use of information technology to achieve its missions” within the government of the United States through the establishment of the American Technology Council. Then, on May 11, 2017, President Trump signed the Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure (the Cybersecurity EO). Each of these EOs provides indications of the Trump administration’s objectives with respect to technological developments and information security initiatives.

The Council created by the ATC EO is comprised of senior governmental officials, including the President and Vice President, who may preside over meetings of the Council; in their absence, the occupant of the newly-created position of Director of the American Technology Council will preside. The primary functions of the Council will include coordination of development of strategies for appropriate use of information technology by the United States Government, and advising the President with respect to the same. In furtherance of the goals of the Executive Order, the Director of National Intelligence (a member of the Council) is “encouraged to provide access to classified information on cybersecurity threats, vulnerabilities, and mitigation procedures to the [the Council] in order to facilitate the [Council]’s activities.”

The Cybersecurity EO provides guidance and requirements for the cybersecurity of federal networks (largely through an accountability and risk management approach), critical infrastructure (including through assessment of risks and an initiative to improve internet resilience against botnets and other automated and distributed attacks), and promotion of cybersecurity measures for the nation, generally. The provisions of the Cybersecurity EO relating to cybersecurity of the nation include assessments and reports relating to deterrence and protection options, international cooperation, and development of the cybersecurity workforce. This EO reflects a long-term view with respect to addressing cybersecurity concerns and may serve to guide development and deployment of cybersecurity measures and infrastructure going forward.

The promulgation of executive orders, and bodies within the Executive Branch relating to information technology issues, warrant the careful attention of any organization doing business with the federal government, and may eventually portend the setting of standards to be used by private organizations nationwide.