Tom
This is one of those issues where if you say, it depends on who's president, that tells you its a bad idea. The thing is, its totally unecessary. If the President declares a state of national emergency he can do pretty much whatever he wants, no enabling legislation is necessary.Its covered under the Article II war powers doctrine. Lincoln suspended Habeas in Mo., imposed an income tax and FDR intered the Japanese, all without a law or a whisper from the Court. What this is designed to do is allow government control short of a real emergency. Any talk of an all out "cyber attack" is BS. In that case, the internet would just be shut down by executive order and the president's term would have expired before the court ruled on it. This has Bad Idea written all over it.
FQ13
My point which you totally missed, is that an American, President of the Republic, who actually intended to live up to his oath of office would not consider this type of BS.
But you forgot Lincoln also imposed martial law in NYC and Baltimore as well as he and FDR both locked people in the Washington nut house (I forget the official name, it's where Lincolns wife died ) with out trial or lawyers, for "National Security".
The NSA scoops up ALL electronic emissions, then shares them with the British GCHQ in Cheltanham. The NSA is forbidden by law from reading the communications of US citizens, but the English are not bound by that so they are the ones reading OUR electronic communications.
But one thing you are correct about, cyber attacks are aimed at a specific server, or group of servers.