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Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing...more

Continued Remote Hiring Concerns in IT Sector: What to Look for in 2025 and How to Mitigate Business Risk

Remote worker fraud is expected to continue to proliferate in 2025. Fully remote hiring and work, particularly in the technology sector, continues to pose unique business and legal risks for companies. Just in December 2024,...more

DOJ Kicks Off Work to Regulate Foreign Access to Sensitive Personal Data Under New EO

On March 5, 2024, the Department of Justice (DOJ) issued an Advance Notice of Proposed Rulemaking (ANPRM) regarding Access to Americans’ Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern. The...more

NIST Cybersecurity Framework 2.0 Reveals Major Shifts in Federal Guidance

On February 26, 2024, the National Institute of Standards and Technology (NIST) released the Cybersecurity Framework version 2.0 (CSF 2.0). CSF 2.0 is a generational update to NIST’s foundational cybersecurity guidance, which...more

Intelligence Gathering and FISA Section 702: Lots of Heat Obscures Important Practical Issues

As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more

Ransomware Attacker Files SEC Complaint to Increase Pressure on Victim

The Black Cat/ALPHV ransomware group filed a complaint with the U.S. Securities and Exchange Commission (SEC) to allege that one of their victims failed to disclose a cyberattack to the SEC within four days, reports Bleeping...more

National Cybersecurity Strategy Outlines A New Era of Cybersecurity Regulation

On March 2, 2023, the White House Office of the National Cyber Director (ONCD) released the National Cybersecurity Strategy (“Strategy”). The Strategy outlines the Administration’s priorities for cyber regulations and policy....more

White House Pivots on Cyber: Voluntary Compliance Carrots Are Being Replaced By Big Regulatory Sticks

The White House released the long-anticipated National Cybersecurity Strategy on March 2, 2023 setting out five (5) pillars articulating key themes and Administration priorities. Coming more than two years into the Biden...more

Maryland Court of Appeals Updates the ‘Particularity’ Standard for Cell Phone Searches as U.S. Courts Develop New Doctrines for...

On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a...more

[Podcast] NSA Cybersecurity Services for Defense Contractors [Audio]

Lyn Brown sits down with Kristina Walter, Chief of the Defense Industrial Base Cybersecurity within the National Security Agency’s Cybersecurity Collaboration Center, and Ben Kastan who is the Associate General Counsel for...more

Rethinking the Cybersecurity Challenge from an Intelligence Community Perspective

Director of National Intelligence (DNI) Avril Haines was interviewed by Michele Flournoy, Co-Founder and Managing Partner at WestExec Advisors and former Under Secretary of Defense for Policy, on the first day of the RSA...more

Multi-Faceted Extortion: Insider Look at Ransom Payments and Cyber Defense

Day 3 at RSA Conference 2022 was filled with fascinating discussions on enhancing our cyber defenses to defeat the ever-proliferating spate of increasingly common and expensive ransomware attacks....more

RSA Conference Day 1: The Only Constant is Change

I am at the RSA Conference 2022 in San Francisco, my first time as a member of the private sector, since retiring from the FBI last year. I attended one of the keynotes on the first day of the conference, in between panels on...more

Industry Highlights NIST Cybersecurity Framework’s Value as NIST Weighs a Potential Update

Public comments in an ongoing cybersecurity proceeding at the National Institute of Standards and Technology (NIST) highlight the utility of a foundational cybersecurity document while also providing suggestions for its...more

CISA Signals Cyber Incident Reporting Requirements

In March 2022, Congress passed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) requiring critical infrastructure to report significant cyber incidents and ransomware payments to the Cybersecurity...more

The Private Sector Should Brace for New Mandatory Cyber Incident Reporting Obligations

Late 2021 and early 2022 have been full of federal government activity related to cybersecurity incident reporting. Congress passed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 to require mandatory...more

SEC Proposes Cybersecurity Rules for Publicly Traded Companies

What: Publicly traded companies may soon be subject to additional cybersecurity reporting requirements. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize...more

Cyber Partnership or Regulation—What Lurks Beneath the Water “Surge”?

Federal agencies have been actively looking at cyber threats to critical infrastructure. In a January 27 announcement the White House said: “it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative to the...more

2022 Cyber Watch List: A look at 2021 and What’s to Come in the Year Ahead

Privacy In Focus®- In 2021, cyber gained prominence as a top business risk and national security concern with ransomware attacks wreaking havoc on business operations and critical infrastructure. Companies large and small,...more

TSA Rail Cybersecurity Directives Show Increasing Government Regulation of Critical Infrastructure and the Private Sector

What: The Transportation Security Administration (TSA) has issued two Security Directives aimed at passenger and freight railroad cybersecurity, continuing the government’s move to an increasingly regulatory approach to...more

CISA Publishes Cybersecurity Incident Response and Vulnerability Response Playbooks with Intent of Increasing Expectations for the...

What: On November 16, 2021, the Cybersecurity and Infrastructure Security Agency (CISA) released Federal Government Cybersecurity Incident and Vulnerability Playbooks as part of the Biden Administration’s efforts to improve...more

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