President Biden Signs Executive Order to Improve the Cybersecurity and Protect Federal Government Networks

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Foley Hoag LLP - Security, Privacy and the Law

On May 12, 2021, President Biden signed an Executive Order which is aimed at improving the nation’s cybersecurity and protecting federal government networks. The Executive Order has been in the works for some time, but the timing of its release is a response to the Colonial Pipeline ransomware attack.

According to the Fact Sheet issued by the White House, this Executive Order will:

  • Remove barriers to threat information sharing between government and the private sector
  • Modernize and implement stronger cybersecurity standards in the Federal Government
  • Improve software supply chain security
  • Establish a Cybersecurity Safety Review Board
  • Create a standard playbook for responding to cyber incidents
  • Improve detection of cybersecurity incidents on Federal Government networks
  • Improve investigative and remediation capabilities

The overall impact of the Executive Order is limited, however, as it only impacts the Federal Government, and not the private sector. The Fact Sheet acknowledges this limitation, stating:

[T]he Colonial Pipeline incident is a reminder that federal action alone is not enough. Much of our domestic critical infrastructure is owned and operated by the private sector, and those private sector companies make their own determination regarding cybersecurity investments. We encourage private sector companies to follow the Federal government’s lead and take ambitious measures to augment and align cybersecurity investments with the goal of minimizing future incidents.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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