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CYBER UPDATE: White House Seeks Regulatory Harmonization While Exploring a Pilot for Reciprocity Amid Proliferation of Regulations

Companies, particularly those in “critical infrastructure” sectors, have seen a dramatic increase in cybersecurity regulatory requirements in just the past few years – and the White House is looking to move faster. At the...more

New White House Policy Previews Increased Cybersecurity Oversight and Regulation

On April 30, 2024 the White House updated the foundational U.S. government policy that defines critical infrastructure (CI) sectors and establishes a coordination structure within the federal government to support owners and...more

Commerce Considers Regulating Connected Vehicles to Protect Against Foreign Adversaries

On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more

DHS Calls for Critical Harmonization of Cyber Incident Reporting

On September 19, 2023, the Department of Homeland Security (DHS) released a Report to Congress (Report) on the Harmonization of Cyber Incident Reporting to the Federal Government. The Report reflects on the 52 in-effect or...more

State Lawsuit Over New Cyber Rule Tees Up Legality of Federal Policy Changes

As the federal government takes increasingly directive steps to increase expectations for private sector cybersecurity, one of its more recent regulatory moves has drawn a federal court challenge. On April 17, 2023, the...more

FTC Joins the Cloud Security Discussion

On March 22, 2023, the Federal Trade Commission (FTC or Commission) issued its Solicitation for Public Comments on the Business Practices of Cloud Computing Providers. The FTC is seeking information about the market power and...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

Should Federal Government Insure “Catastrophic Cyber Incidents”? Comments due November 14, 2022

On September 29, 2022, the Federal Insurance Office (FIO) of the Department of the Treasury published a Request for Comment (RFC) related to cyber insurance and catastrophic cyber incidents....more

DHS CISA Kicks off Work to Regulate Critical Infrastructure Incident Reporting

Congress has directed the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) to create broad new rules for mandatory cyber incident reporting to be imposed on critical...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

Industry Urges NIST to Preserve Key Attributes in Updating its Cybersecurity Framework

Public comments on updating the National Institute of Standards and Technology’s (NIST), the Framework for Improving Critical Infrastructure Cybersecurity (CSF), highlight private and public sector interest in this core...more

NIST Moves to Update its Cybersecurity Framework, Seeks Public Comment

The National Institute of Standards and Technology (NIST) has kicked off the process for revamping its flagship cybersecurity guidance document – the Framework for Improving Critical Infrastructure Cybersecurity (CSF), which...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

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

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

DHS/CISA Mandates Fixing Security Vulnerabilities, Warning Companies to be Vigilant

The Cybersecurity and Infrastructure Security Agency (CISA) issued a sweeping binding directive to federal agencies to patch hundreds of cybersecurity vulnerabilities that are considered major risks for cyber actors to cause...more

Cyber Proposals Should Reject Impractical Obligations and Victim Shaming

There is a growing clamor in Congress and the Executive Branch to do something after the Colonial Pipeline incident and other high-profile cyber-attacks. Rushing to impose broad new obligations is perilous. Policymakers...more

Biden’s Cyber EO Aims to Improve Federal Security and Move Private Sector

On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more

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