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DOJ’s Notice of Proposed Rulemaking on Sensitive Personal Data and Government-Related Data

In October 2024, the U.S. Department of Justice (DOJ) issued a 420-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14117, which directed DOJ to issue implementing regulations and directed the U.S....more

CISA Security Requirements for Restricted Data Transactions Under New DOJ Rule

President Joe Biden issued Executive Order (EO) 14117 in February 2024 to mitigate national security risks posed by threat countries’ access to sensitive personal data and government-related data. The EO directed the U.S....more

Supreme Court Finds First Amendment Barriers to TX and FL Social Media Regulation

On July 1, 2024, the Supreme Court of the United States ruled in Moody v. NetChoice, LLC that laws regulating large social media platforms passed by Texas and Florida likely offend the First Amendment in at least some...more

The American Privacy Rights Act: Could This Be the One?

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more

The New Health Privacy Landscape—Out of the Frying Pan and Into the Fire

Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more

Cybersecurity Implementation Plan Offers a Roadmap for Cyber Priorities

The Biden Administration recently reaffirmed its continued focus on cybersecurity by announcing an Implementation Plan for the National Cybersecurity Strategy (the Plan). The Plan provides a roadmap covering the policies and...more

Enforcement of CPRA Regulations Delayed but Don’t Abandon Privacy

The day before the California Privacy Rights Act (CPRA) became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency (CPPA) under...more

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the Skies

Following the release of President Biden’s National Cybersecurity Strategy, Acting National Cyber Director Kemba Walden explained that the Biden Administration is “expecting more” from owners and operators in critical...more

FERC Establishes New Monitoring Requirements for Bulk Electric Systems

In late January, the Federal Energy Regulatory Commission (FERC) published a final rule directing the North American Electric Reliability Corporation (NERC) to develop and submit modified reliability standards for internal...more

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