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
On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –...more
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
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
3/14/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Big Data ,
Cross-Border ,
Customer Proprietary Network Information (CPNI) ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Framework ,
Data Transfers ,
Department of Justice (DOJ) ,
Executive Orders ,
Military Service Members ,
National Security ,
Popular ,
Sensitive Personal Information ,
USTR ,
WTO
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
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On February 22, 2024, the Federal Communications Commission (FCC or “Commission”) released a Public Draft of a Report and Order that, if adopted, would establish a voluntary labeling program for Internet of Things (IoT)...more
2/26/2024
/ Consumer Product Safety Commission (CPSC) ,
Cybersecurity ,
FCC ,
Food and Drug Administration (FDA) ,
International Harmonization ,
Internet of Things ,
Labeling ,
National Security ,
NIST ,
NPRM ,
Popular ,
Product Labels
WHAT: On January 11, 2024, the U.S. Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS). In line with DOD’s continued emphasis on modernizing and strengthening the supply chain and...more
For most filers, the U.S. Securities and Exchange Commission’s (SEC) new Form 8-K rules for reporting material cybersecurity incidents took effect yesterday, December 18, 2023. The rule has been controversial and created some...more
On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more
12/19/2023
/ Artificial Intelligence ,
China ,
Cuba ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Drones ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Information Security Modernization Act (FISMA) ,
FISA ,
Greenhouse Gas Emissions ,
Information and Communication Technology (ICT) ,
National Security ,
NDAA ,
Software ,
Subcontractors ,
Supply Chain ,
Unmanned Aircraft Systems ,
US State Departments
The cyber reporting landscape is rapidly shifting. Many agencies are developing rules, and a major player has been the U.S. Securities and Exchange Commission (SEC), with important questions arising about implementation of...more
12/14/2023
/ Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
FBI ,
National Security ,
Public Disclosure ,
Public Safety ,
Risk Management ,
Securities and Exchange Commission (SEC)
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
12/13/2023
/ Cyber Threats ,
Data Collection ,
Department of Justice (DOJ) ,
Electronic Communications ,
Espionage ,
FBI ,
FISA ,
Intellectual Property Protection ,
National Security ,
NDAA ,
Popular ,
Senate Judiciary Committee ,
Surveillance
On December 8, 2023, the Federal Communications Commission (FCC or Commission) released its anticipated information collection to update the Commission’s records regarding the foreign ownership of international Section 214...more
On December 18, the Securities and Exchange Commission's (SEC) new disclosure requirements go into effect and will require public companies to publicly report material cybersecurity incidents within four days of making a...more
12/12/2023
/ Cyber Incident Reporting ,
Cybersecurity ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
FBI ,
Governance Standards ,
National Security ,
Public Safety ,
Publicly-Traded Companies ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
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
The Federal Communications Commission’s (FCC or Commission) Office of International Affairs (OIA) recently released an Order in the agency’s ongoing proceeding related to its adoption of an Order and Notice of Proposed...more
It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more
6/1/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Department of Defense (DOD) ,
Discrimination ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
National Security ,
NIST ,
OSTP ,
Request For Information ,
Risk Management
On April 27, 2023, the Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security (DHS) issued a Notice of Agency Information Collection Activities to solicit public comments on a...more
On March 30, 2023, the Federal Communication Commission (FCC or Commission) released a draft Order and Notice of Proposed Rulemaking on international section 214 authorizations (the Draft Order and Draft NPRM), which governs...more
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
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
3/2/2023
/ Biden Administration ,
CIRC ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
Executive Orders ,
FBI ,
IaaS ,
Information Technology ,
National Security ,
NIST ,
Popular ,
Ransomware
The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...more
On November 25, 2022, the Federal Communications Commission (FCC or Commission) released a Report & Order, Order, and Further Notice of Proposed Rulemaking (R&O, Order, and FNPRM; collectively, the Item) that makes...more
In 2021, Congress created a new cyber leadership position within the White House, enacting a suggestion from the Cyberspace Solarium Commission, to develop a new Office of the National Cyber Director (ONCD). ...more
What: On February 23, 2022, the National Security Telecommunications Advisory Committee (NSTAC) approved a final draft of its forthcoming report to the President on Zero Trust and Trusted Identity Management. ...more
2/28/2022
/ Cybersecurity ,
Cybersecurity Framework ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Multi-Factor Authentication ,
National Security ,
NIST ,
NSTAC ,
OMB ,
Popular ,
Risk Management ,
Telecommunications
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
12/6/2021
/ Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Enforcement Actions ,
Espionage ,
National Security ,
NIST ,
Owner-Operators ,
Popular ,
Railroads ,
Risk Assessment ,
Transportation Security Administration ,
TSA ,
Unauthorized Access