I have this piece up at the Harvard Law Review Blog, Cyber Interference in Elections and Federal Agency Action. It begins:
Pop quiz: which part of the federal government is tasked with preventing cyber interference in our elections?
Congress has refused to say. We have reached a point of a significant gap between an important federal need and existing federal power. And in the absence of that federal power, federal agencies have stepped into the gap and extended their authority into domains unanticipated by Congress.