Spurring the private sector: Indirect federal regulation of cybersecurity in the US

Abstract

The US federal government has long understood the importance of securing cyberspace and the private sector's essential role in that effort. Over the past decade, the government consistently has eschewed direct federal mandates regarding private sector cybersecurity practices and instead has favored indirect regulation to achieve cybersecurity goals. Indirect regulation is a regulatory approach that seeks to encourage behaviors that lead to increased cybersecurity and prohibit/discourage behaviors that lead to decreased cybersecurity. © 2011 Springer-Verlag Berlin Heidelberg.