On April 3, the Office of Management and Budget (OMB) released two much-anticipated memos that will impact the use and procurement of artificial intelligence (AI) by the federal government, signaling an appetite to move...more
As we noted in Federal Cybersecurity Policy in 2025: What to Watch in Changing Times, key parts of the Cybersecurity Information Sharing Act of 2015 (CISA 2015), the United States’ foundational cybersecurity information...more
WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles...more
1/29/2025
/ Controlled Unclassified Information (CUI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Security ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
Regulatory Agenda ,
Regulatory Freeze ,
Regulatory Requirements ,
Risk Management
Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more
11/22/2024
/ Controlled Unclassified Information (CUI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Risk Management ,
Software ,
Subcontractors ,
Supply Chain ,
TSA
Continuing its controversial and aggressive approaches to cybersecurity, the U.S. Securities and Exchange Commission (SEC) recently charged four current and former public companies for purportedly “materially misleading...more
11/5/2024
/ Civil Monetary Penalty ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Disclosure Requirements ,
Dissenting Opinions ,
Enforcement Actions ,
Form 8-K ,
Misleading Statements ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC)
Verizon released its Data Breach Investigations Report (DBIR) for 2024, an annual treat that highlights some trends companies should be aware of as they manage their cybersecurity programs and respond to and anticipate new...more
The Security and Exchange Commission (SEC) Director of the Division of Corporate Finance, Erik Gerding, released a statement on May 21, 2024 that may have regulated entities scratching their heads about compliance and the...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 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
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)
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
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
For years, federal cyber policy has been based on successful public-private partnerships, collaboration, and the promotion of voluntary standards that can be tailored to sector and organization-specific risk and needs....more
1/16/2023
/ Critical Infrastructure Sectors ,
Customer Proprietary Network Information (CPNI) ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Framework ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Disclosure Requirements ,
Emerging Technology Companies ,
Federal Trade Commission (FTC) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Sharing ,
NDAA ,
Popular ,
Regulatory Agencies ,
Risk Management ,
Securities and Exchange Commission (SEC)
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
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
5/9/2022
/ Acquisitions ,
Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Due Diligence ,
Information Governance ,
Joint Venture ,
Popular ,
Risk Management ,
Webinars
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
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
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
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
The National Institute of Standards and Technology (NIST) has been an active driver of Internet of Things (IoT) cybersecurity efforts for several years, convening stakeholders from the federal government and the private...more
On December 17, 2020, the Information and Communications Technology (ICT) Supply Chain Risk Management (SCRM) Task Force (“the Task Force”)—a public-private partnership whose membership includes industry representatives from...more
In the midst of the ongoing COVID-19 pandemic, the federal government and private sector used ongoing supply chain partnerships to examine how the crisis exposed vulnerabilities in critical sectors that underpin our national...more