Biden’s final act: Cybersecurity boost or administration’s future burden?
In one of his last controversial acts as President, Joe Biden issued an executive order on January 16, 2025, titled Strengthening and Promoting Innovation in the Nation’s Cyber Security. The timing is remarkable, coming just four short days before the end of his presidency, leaving many to wonder why this was not addressed earlier in his tenure, despite numerous appeals. For an administration that has had four years to act decisively on critical cybersecurity challenges, this last-minute move feels not only hasty but strategically dubious.
Cybersecurity is typically a bipartisan issue, with both sides recognizing its importance in protecting the nation from adversarial threats. However, this executive order has sparked debate, not only over its ambitious scope, but over its timing and the political implications it carries for the incoming Trump administration. Cybersecurity has long been one of the last bastions of bipartisanship, but this eleventh-hour order risks turning it into a political battleground.
A comprehensive directive with controversial timing
The executive order is undeniably comprehensive, aiming to address vulnerabilities in federal systems, critical infrastructure and the private sector.
Key provisions include:
- Software supply chain security: This initiative requires software providers to submit machine-readable certifications of secure development practices, which must be verified by the Cybersecurity and Infrastructure Security Agency within 90 days. However, CISA will soon be without leadership, as Jen Easterly has announced her resignation as director, effective January 20, which coincides with the end of Biden’s term. The incoming Trump administration has not yet named a replacement and is still discussing the agency’s future, scope of responsibility and structure.
- Federal cybersecurity enhancements: It introduces stronger endpoint detection and response (EDR) tools, phishing-resistant authentication methods, and updated cloud security protocols, with implementation deadlines set for 120 days.
- Quantum-resistant cryptography: It sets a target for federal agencies to move to post-quantum cryptographic standards by 2030, with “detailed plans” to be submitted within 90 days.
- AI for Cyber Defense: Initiatives to use artificial intelligence to strengthen cyber security, particularly in critical infrastructure sectors such as energy, are underway, with pilot programs expected to begin within 180 days.
- Cyber Security in Space: Requires enhanced protections for space systems and ground stations to address evolving threats, with agency reviews and updates to cybersecurity requirements within 180 days.
- Open source software management: Encourages agencies to adopt best practices for using and securing open source software, with recommendations to be issued within 120 days.
- New requirements for sellers: Mandates minimum cybersecurity practices for federal contractors and establishes a “Cyber Trust Mark” for consumer Internet-of-Things devices, with implementation required within 240 days.
On paper, all these initiatives seem prudent. However, the real question is: Why were these actions delayed until the literal 11th hour? Upon closer examination, this executive order appears to set a number of strategic traps in the form of multiple deadlines that will constrain the next administration, particularly the Department of Government Efficiency, popularly known as DOGE, led by Vivek Ramaswamy and Elon Musk. For example, agencies are required to submit plans for quantum-resistant cryptography within 90 days, enable encrypted DNS protocols and adopt modern routing security within 120 days, and establish AI-driven cybersecurity pilots within 180 days. These tight timelines appear designed to overwhelm federal agencies, potentially paving the way for partisan blame games if enforcement fails. This appears to be an attempt to undermine DOGE’s efforts under the guise of cybersecurity reform.
A Guide or a Minefield?
While the initiatives outlined in the order — such as stronger endpoint detection and response tools, phishing-resistant authentication, and mandatory minimum cybersecurity practices for federal contractors — are laudable in principle, the full scope of the directive is at risk overwhelming agencies already constrained by tight budgets and limited resources. Federal agencies are tasked with rapidly rolling out encrypted DNS protocols, adopting modern routing security measures, and aligning with updated cloud security protocols. Ambitious timelines and heavy workloads can hinder effective implementation, leaving agencies vulnerable to security breaches, operational errors, and criticism for falling short of expectations, especially given the demands associated with DOGE initiatives. Moreover, this could be a strategic move by Biden to strengthen CISA’s role, effectively preempting any attempt to eliminate the agency or reduce its mandate by ensuring its continued responsibility for verifying plans according to this executive order.
Additionally, the executive order’s emphasis on established frameworks such as NIST guidelines and FedRAMP certifications raises concerns about potential vendor favoritism. While these programs are well-regarded, they essentially benefit vendors who are already certified, leaving out newer or smaller players who lack the resources to navigate lengthy certification processes. This could inadvertently stifle competition in the cybersecurity space.
Implications for the Trump administration
The incoming Trump administration, bolstered by a roster of seasoned tech experts, now faces the unenviable task of implementing a directive they had no role in shaping. The new team will have to decide whether to fully embrace these measures, delay their implementation or try to repeal some provisions. Every choice carries political and operational risks, especially in the polarized environment surrounding the federal government.
That said, the executive order can also serve as a roadmap for addressing critical cybersecurity challenges. Its focus on emerging threats such as quantum computing and artificial intelligence aligns with global priorities, and its call for improved defenses for space systems underscores the growing importance of cybersecurity in a rapidly evolving technological landscape. However, the new administration must weigh the benefits against the burdens imposed by tight timelines and rigid mandates.
Undermining bipartisanship in cybersecurity
As demonstrated by the New Orleans attack, there is an urgent need for a sharper focus on combating cyber-terrorism and radicalization, rather than engaging in political sidestepping. Cybersecurity has historically been a unifying issue, but the timing and scope of this executive order threaten to politicize it. If these initiatives were truly vital, they should have been introduced earlier in the Biden presidency, allowing for bipartisan cooperation and thoughtful implementation. Instead, this late-stage move risks turning a critical national security priority into a source of division. It also begs the question: Is there an undetected imminent threat prompting this urgency, or is this just a hasty attempt to tie the incoming administration’s hands?
As the Trump administration takes the reins, it must navigate the complex web of deadlines and requirements outlined in Biden’s last-minute executive order. Transparency, vendor neutrality and strategic prioritization will be essential to ensure these initiatives strengthen, rather than hinder, the nation’s cybersecurity posture. Ultimately, the success of these measures will depend on bipartisan cooperation and a shared commitment to protecting America’s digital infrastructure. However, the rushed nature of this directive serves as a cautionary tale: cybersecurity is too important to be relegated to the last-minute actions of an outgoing administration.
