Now, with the proposed Cybersecurity Act of 2009 we're about to hand the Secretary of Commerce the same blank check:
SEC. 14. PUBLIC–PRIVATE CLEARINGHOUSE.
(a) DESIGNATION.—The Department of Commerce shall serve as the clearinghouse of cybersecurity threat and vulnerability information to Federal government and private sector owned critical infrastructure information systems and networks.
(b) FUNCTIONS.—The Secretary of Commerce—
(1) shall have access to all relevant data concerning such networks without regard to any provision of law, regulation, rule, or policy restricting such access...
Meanwhile, the President
may declare a cybersecurity emergency and order the limitation or shutdown of Internet traffic to and from any compromised Federal government or United States critical infrastructure information system or network...
Only little problem here is that there is not a definition of United States critical infrastructure information system or network ever provided to limit the powers of either the President or the Secretary.
But they're all good people in Washington, and they are just here to help.