Flashcards Studio

Congress enacts the Information Security and Resilience Act (ISRA), authorizing the Secretary of Information Security to issue implementing regulations, including definitions of 'critical information infrastructure' and guidelines for incident response. Administrative Order ISRA-2028 issued by the Secretary defines 'critical information infrastructure' as networks handling at least 1 million transactions per day and requires incident reporting within 24 hours, and prescribes penalties for noncompliance. Affected entities challenge the Order on the ground that it impermissibly delegates essential policy-making to the Executive and lacks intelligible standards. (a) Identify the controlling doctrine governing delegation of legislative power to the Executive. (b) Distinguish when delegation is permissible from when it is not. (c) Apply the doctrine to this case: is Administrative Order ISRA-2028 valid? Explain briefly.