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FCC Expands Privacy and Data Protection Work with States to Increase Investigations

Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more

FCC Launches Privacy and Data Protection Task Force

In a June 14, 2023 speech at the Center for Democracy and Technology (CDT), Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel announced that the FCC is launching a new, “first-ever” “Privacy...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

How the Supreme Court’s OT 2022 Term (So Far) Might Affect Tech

The Supreme Court’s OT 2022 docket is shaping up to be another significant term. Although the Court will continue to take up more petitions in the coming months, its current docket is already poised to have significant...more

The Private Sector Should Watch NIST’s Broad Work on Privacy and Cybersecurity Guidance

NIST continues to work on several cybersecurity and privacy workstreams of interest to the private sector. While NIST has traditionally supported federal agencies’ IT security, over the past several years it has taken on (and...more

FTC Pushing Ahead Toward Major Privacy Regulation

On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security”. The wide-ranging ANPR seeks feedback...more

FTC Launches National Privacy Rulemaking

On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more

[Webinar] Privacy and Security in Transactional Due Diligence - May 25th, 12:00 pm - 1:00 pm EDT

Join us to discuss effective approaches to managing due diligence on privacy and cybersecurity issues across transactions. Companies considering acquisitions or joint ventures will need to engage in effective management of...more

Mandatory Cyber Incident Reporting: Pros, Cons, and Next Steps  [Audio]

Wiley Partner Megan Brown sits down with Tatyana Bolton, the Policy Director, Cyber Security and Threats at the R Street Institute, to discuss mandatory cyber incident reporting. They discuss how recent legislation and...more

Cyber in 2022: What Happened and What is Coming [Audio]

In the inaugural episode of Wiley’s 2022 Privacy & Cyber Series, Wiley partner Megan Brown and special counsel Lyn Brown, who recently joined Wiley from the FBI, discuss cyber trends that picked up speed in 2021 and offer...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

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

DOD Suspends CMMC Version 1.0 and Charts a New Course With “CMMC 2.0”

WHAT: On November 4, 2021, the U.S. Department of Defense (DOD) announced the completion of a months-long internal review and significant changes to the strategic direction of its Cybersecurity Maturity Model Certification...more

FASC Issues Final Rule on Securing Information and Communications Technology Supply Chains in Federal Systems

WHAT: On August 26, 2021, the Federal Acquisition Security Council (FASC) issued its final rule to implement the 2018 Federal Acquisition Supply Chain Security Act. See 86 Fed. Reg. 47582 (Aug. 26, 2021). The FASC made minor...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

Utah Establishes a Legal Safe Harbor for Companies That Adopt Data Security Programs

Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more

FTC Prepares to Expand Rulemaking, Including on Privacy and Data Use

Last week the Federal Trade Commission (FTC) announced the creation of a new rulemaking group within the FTC’s Office of the General Counsel. The announcement and other statements signal that the FTC under Acting Chairwoman...more

Tech Risk Assessments: Cloud Services Under the Microscope?

The old saying goes, personnel is policy. This may be particularly true at this point in federal cybersecurity policy, where multiple agencies and Congressional committees play changing roles, including expanding capacities...more

[Webinar] Privacy and Cybersecurity Post-Election Discussion - December 2nd, 12:00 pm - 1:00 pm EST

In this webinar, Wiley lawyers from the Federal Trade Commission, U.S. Department of Homeland Security, and U.S. Department of Justice, will discuss possible changes on privacy and cybersecurity policy and oversight in a new...more

DHS and Cyber: What Should Companies Expect? [Audio]

Megan Brown sits down with one of Wiley’s newest attorneys, Sam Kaplan, former Assistant Secretary for Cyber, Infrastructure, Risk and Resilience Policy at the U.S. Department of Homeland Security (DHS), to discuss the...more

[Webinar] Transatlantic Law Enforcement: The U.S.-UK Data Access Agreement - November 12th, 12:00 pm - 1:00 pm EDT

The UK-US Bilateral Data Sharing Agreement (Agreement) came into force from over the Summer. In certain circumstances it enables law enforcement in the UK and U.S. to seek domestic court orders to require production of data...more

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