News & Analysis as of

National Institute of Standards and Technology

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

Cybersecurity Bill Aims to Patch Holes in Main Street

by Morgan Lewis on

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

DoD to Host Industry Information Day on Implementation of Cybersecurity Rules

by Holland & Knight LLP on

The Dec. 31, 2017 deadline for Department of Defense (DoD) contractors to comply with DoD’s cybersecurity and breach reporting requirements is looming. The requirements, which are set forth in DoD’s Oct. 21, 2016, final rule,...more

What Retirement Plan Sponsors and Employers Need to Know About Cybersecurity Risk and Liabilities

by Winstead PC on

Many employers historically were only concerned with privacy and security for health plans under the Health Insurance Portability and Accountability Act (HIPAA)1 and state laws; however, there are other references to...more

DFARS: Safeguarding Covered Defense Information and Cyber Incident Reporting

by Reed Smith on

Data protection and cybersecurity have been receiving ever-increasing attention within the U.S. federal government. Last October, the DoD issued two final rules that changed the U.S. Department of Defense (“DoD”) Federal...more

Don’t Rock the Vote: Helping State and Local Governments Fend Off Cyber Attacks

Voting in local, state and national elections could be viewed as a rudimentary form of social media, by which voters share their views and preferences via selection of a candidate or party platform. The distance between this...more

Financial Services Report - Spring 2017

by Morrison & Foerster LLP on

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

NAS Issues Report on Preparing for Future Products of Biotechnology

by Bergeson & Campbell, P.C. on

On March 9, 2017, the National Academies of Sciences, Engineering, and Medicine (NAS) announced the release (pre-publication version) of a new report: Preparing for Future Products of Biotechnology. Pursuant to the White...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Proposed Federal Cybersecurity Regulations for Financial Institutions Face an Uncertain Future

Last year’s proposed comprehensive framework for cybersecurity rules for large financial institutions is suddenly facing an uncertain future. With the comment period having closed as of February 2017, the framework was facing...more

The Empire (State) Strikes Back: Six Highlights of New York’s New Cybersecurity Regulations for Financial Institutions

by Poyner Spruill LLP on

The New York Department of Financial Services (NYDFS)’s finalized Cybersecurity Requirements for Financial Services Companies (“regulations”), went into effect on March 1, 2017. NYDFS has provided a 6 month safe harbor to...more

The FTC’s Public Comment on the NTIA’s Draft Coordinated Vulnerability Disclosure Template Reflects Further Support for the NIST’s...

by Moore & Van Allen PLLC on

In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section...more

NIST in the House – Empowering the Nation’s Cybersecurity Standards-Maker To Head Off Increasing Cyber Threats to the Government...

The National Institute of Standards and Technology (NIST) recently received a vote of confidence in the U.S. House of Representatives that may increase its role and authority in defending the nation from cyber threats. On...more

Analysis: Cyber-Monitoring: The Next Frontier

by Dickinson Wright on

Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part...more

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

by King & Spalding on

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy...more

NIST Issues Practice Guide for Electric Utilities

On February 16, 2017, the National Cybersecurity Center of Excellence released its draft practice guide for electric utilities, entitled “Situational Awareness for Electric Utilities.”...more

NTIA Highlights Promise and Policy Challenges of IoT, Seeks Additional Comments

by Hogan Lovells on

On January 12, 2017, prior to the new administration taking power, the National Telecommunications and Information Administration (NTIA) within the Department of Commerce (Department) released a Green Paper on “Fostering the...more

The Anthem Breach – A Retrospective (Part II)

by LeClairRyan on

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Energy Insider Interview Series: David McCurdy, CEO, American Gas Association

Ed Hild: Let’s talk a little bit about the new Presidential administration and what impact it might have on the gas industry. Throughout the campaign, President Trump spent a lot of time talking about relaxing regulations on...more

NIST Releases Draft Update to Cybersecurity Framework

by Locke Lord LLP on

The National Institute of Standards and Technology (NIST) has released its first draft update to its 2014 Framework for Improving Critical Infrastructure Cybersecurity. The Framework was designed to provide guidance for...more

After the Fact: FDA’s Guidance on Postmarket Management of Cybersecurity in Medical Devices

by Locke Lord LLP on

The Food and Drug Administration (FDA) recently issued nonbinding guidance focusing on the software vulnerabilities of networked medical devices that are already on the market. The guidance focuses on the importance of...more

DHS Releases Strategic Principles for Security of the Internet of Things

by Locke Lord LLP on

On November 15, 2016 the U.S. Department of Homeland Security released its Strategic Principles for Security of the Internet of Things (IoT) (the “Strategic Principles”). DHS recognizes that rapid innovation in the IoT may...more

ERISA Advisory Council Issues 2016 Report on Benefit Plan Cybersecurity

by McGuireWoods LLP on

“Cyber threats cannot be eliminated but they can be managed. Cyber experts say that it is not a question of if you will have a cyber-attack, rather it is a question of when. The next question is what you are going to do about...more

"Privacy & Cybersecurity Update - January 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more

NIST’s Draft Update to Cybersecurity Framework Focuses on Third-Party Vendors and the Cost-Effectiveness of Cybersecurity Programs

On January 10, 2017, the National Institute of Standards and Technology (“NIST”) released a proposed update to its popular cybersecurity blueprint for organizations and businesses, known as the Framework for Improving...more

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Cybersecurity

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