News & Analysis as of

Data Security Biden Administration

Holland & Knight LLP

U.S. Health Data Affected by New National Security Restrictions on International Data Transfers

Holland & Knight LLP on

Health Insurance Portability and Accountability Act (HIPAA)-covered entities and business associates should be familiar with restrictions on the use or disclosure of protected health information (PHI) under HIPAA rules....more

Davis Wright Tremaine LLP

DOJ Issues Guidance on Foreign Data Access Rule, Announces Conditional 90-Day Enforcement Pause for "Good Faith Efforts"

The Department of Justice (DOJ) has issued guidance on its recently effective rule targeting foreign adversaries that "use commercial activities to access, exploit, and weaponize U.S. Government-related data and Americans'...more

Dorsey & Whitney LLP

Artificial Intelligence Launching Agentic AI in an Uncertain U.S. Regulatory Landscape

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Within its first few days, the new administration revoked the 2023 Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “Old AI Executive Order”) – which had been intended to...more

Davis Wright Tremaine LLP

Analyzing President Biden's Ambitious Cybersecurity Executive Order

In his final days in office, President Biden signed an ambitious executive order to improve the federal government's approach to cybersecurity. Executive Order 14114 ("Executive Order"), issued January 16, 2025, titled...more

McDermott+

To Comment or Not to Comment: Looking at the Biden Administration’s HIPAA Cybersecurity Proposed Reg

McDermott+ on

One of the Biden Administration’s last healthcare regs was a proposed rule that, if finalized, would make significant changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule to...more

Alston & Bird

Last Minute Biden Cybersecurity and Artificial Intelligence Executive Orders Survive Initial Trump Revocations

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In the final week of the Biden Administration’s term in office, former President Biden issued two high profile executive orders that could have significant ramifications for the cybersecurity and technology industries. The...more

Robinson+Cole Data Privacy + Security Insider

Biden Issues Cyber Executive Order in Last Days of Term

Former President Joe Biden issued an Executive Order (EO) entitled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” on January 16, 2025. The EO is designed to...more

Jenner & Block

Client Alert: White House Executive Order Seeks to Strengthen Federal Cybersecurity

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On January 16, 2025, former President Biden issued the Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity (the EO). The EO directs various parts of the federal government to adopt a...more

Perkins Coie

DOJ’s Final Rule on Data Transfers: Impacts Across Industries

Perkins Coie on

As of January 23, 2025, the regulation discussed below has not been withdrawn by the Trump administration and is not subject to automatic withdrawal under President Trump’s Executive Order freezing regulations. It currently...more

Venable LLP

FTC Finalizes COPPA Rule Changes in the Biden Administration's Last Moments

Venable LLP on

On January 16, 2025, the Federal Trade Commission (FTC or Commission) published a final rule updating the Children's Online Privacy Protection Act (COPPA) Rule (Final Rule). This Final Rule follows a January 2024 notice of...more

Venable LLP

The Biden/Chopra CFPB's 2025 Guidance Compendium: A Last Gasp or Lasting Legacy?

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On the eve of a change in administration, the Biden/Chopra CFPB released a "Compendium of Recent CFPB Guidance," a sweeping collection of interpretations of federal consumer financial laws under the current leadership...more

Foley & Lardner LLP

Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity and Potential Implications Under the Trump...

Foley & Lardner LLP on

On January 16, 2025, President Joe Biden signed the “Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity.” This directive seeks to tackle the increasingly complex and evolving cybersecurity...more

Morrison & Foerster LLP - Government...

Biden’s Final Cybersecurity Order Proposes Significant Changes, All to Be Implemented by the Incoming Administration

Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration has...more

Foley & Lardner LLP

President Biden Issues Second Cybersecurity Executive Order

Foley & Lardner LLP on

In light of recent cyberattacks targeting the federal government and United States supply chains, President Biden’s administration has released an Executive Order (the “Order”) in an attempt to modernize and enhance the...more

Baker Botts L.L.P.

President Biden's Executive Order: Washington Charts New Course for Data Center Expansion

Baker Botts L.L.P. on

President Biden's recent executive order marks a pivotal shift in federal policy for digital infrastructure. The directive tasks federal agencies with identifying locations for new private-sector data centers, underscoring...more

Morrison & Foerster LLP - Government...

SHARE IT Act Requires Agencies to Share Custom-Developed Source Code Throughout the Government

On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more

Hinch Newman LLP

DOJ Issues Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

Hinch Newman LLP on

On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fortifying US Data: Proposed Rule Would Establish a New Regime To Restrict or Prohibit Certain Data Transactions With Countries of...

On October 29, 2024, the U.S. Department of Justice (DOJ) published a proposed rule (Proposed Rule) that would restrict or prohibit certain transactions with China, Russia and other countries of concern involving U.S....more

Sheppard Mullin Richter & Hampton LLP

‘All Hands on Deck’ – White House Continues to Call on Agencies for AI National Security Plan

In the waning months of the current administration, the White House issued a memo setting forth actions focused on national security as directed in the AI Executive Order from last year. As a reminder, the order -while...more

Perkins Coie

What To Expect From the Trump Administration on AI Policy

Perkins Coie on

President-elect Donald Trump’s campaign and post-election transition have given several strong indications of how the new administration is likely to approach artificial intelligence (AI) policy during his second term, which...more

Harris Beach Murtha PLLC

DOL Issues New Guidance for the Use of AI by Employers

Harris Beach Murtha PLLC on

In response to President Biden’s Executive Order relating to the safe use of AI, the U.S. Department of Labor just released new guidance titled “Artificial Intelligence and Worker Well-being: Principles and Best Practices...more

Robinson+Cole Data Privacy + Security Insider

Commerce Department Bans Kaspersky Software in US

In the Biden Administration’s continuing effort to reduce the risk of cybersecurity spyware from foreign adversaries, including Russia, the United States Department of Commerce (Commerce) issued a final rule (Rule) on June...more

Benesch

New AI Security Bill Introduced to Improve Tracking and Processing of AI Security and Safety Incidents

Benesch on

As the development and use of AI continues to grow, the potential for security and safety incidents harming organizations and the public increases. Updated reporting and tracking processes for AI security and safety incidents...more

Sheppard Mullin Richter & Hampton LLP

NIST Updates AI RMF as Mandated by the White House Executive Order on AI

We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of...more

Wilson Sonsini Goodrich & Rosati

New Federal Data Broker Restrictions Signed into Law

The recent omnibus foreign relations package signed by President Biden on April 24, 2024, includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (the Act), a set of sweeping privacy provisions...more

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