News & Analysis as of

Software Biden Administration Executive Orders

Goodwin

Crossing Administrations: The Focus on Federal Cybersecurity Continues

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Federal contractors, including defense contractors, should prepare for the emergence of new requirements in the coming months that are designed to strengthen software supply chain security, impose more stringent cybersecurity...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

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

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

Ropes & Gray LLP

FDA Finalizes Guidance on Predetermined Change Control Plans for AI-Enabled Medical Device Software

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On December 4, 2024, the U.S. Food and Drug Administration (“FDA”) released its final guidance for industry on predetermined change control plans (“PCCPs”) for devices that utilize artificial intelligence-enabled software...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

Holland & Knight LLP on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

King & Spalding

NIST Releases Series of AI Guidelines & Software in Ongoing Response to AI Executive Order

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The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) recently announced the publication of three AI guidelines as well as its release of a software package aimed at helping organizations...more

WilmerHale

NIST Issues New AI Risk Mitigation Guidelines and Software

WilmerHale on

On July 26, 2024, the National Institute for Standards and Technology (“NIST”), part of the Department of Commerce, released guidelines, a global engagement plan, and software covering various aspects of AI technology...more

Pillsbury - Global Sourcing Practice

AI Testing: NIST’s Dioptra as a Step Forward, and Other NIST Guidance

As part of NIST’s recent mandate to formalize AI Testing set forth in President Joe Biden’s Executive Order on AI, NIST recently released a testbed called Dioptra that can be utilized to conduct evaluations to assess AI...more

Sheppard Mullin Richter & Hampton LLP

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more

Fenwick & West LLP

UPDATE: Secure Software Development Attestation: A(nother) Government Requirement

Fenwick & West LLP on

As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more

Sheppard Mullin Richter & Hampton LLP

Biden Administration Releases Highly Anticipated National Cybersecurity Strategy

On March 2, 2023, the Biden Administration released its National Cybersecurity Strategy. The Strategy represents the latest push by the Administration to focus on cybersecurity concerns, following the release of Executive...more

Ankura

OMB Renews Commitment to EO14028 by Requiring SSDF Compliance in Federal Software Acquisition

Ankura on

On September 14, 2022, the Office of Management and Budget (OMB) issued much-anticipated guidance on the implementation of Secure Software Development Framework (SSDF) requirements for contractors (The “Guidance Memo”)...more

Fenwick & West LLP

Secure Software Development Attestation: A(nother) Government Requirement

Fenwick & West LLP on

On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more

Womble Bond Dickinson

Federal Software Providers Need to Be Ready to Attest to NIST Compliance Within the Coming Year

Womble Bond Dickinson on

Companies providing software to the federal government need to be prepared to attest that their software is NIST (National Institute of Standards and Technology)-compliant within the coming year. On September 14, 2022, the...more

King & Spalding

Departments of Commerce and Homeland Security Release Report on Information and Communications Technology Supply Chain

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EVALUATES INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY AND PROPOSES RECOMMENDATIONS FOR INCREASED DOMESTIC PRODUCTION - This is the third in a series of client alerts regarding intensive assessments of six key supply...more

Sheppard Mullin Richter & Hampton LLP

NIST Releases New Guidance on Software Security and Cybersecurity Consumer Labeling Programs

NIST recently released several key deliverables relating to cybersecurity. These focus on secure software development and new consumer labeling programs as contemplated by President Biden’s Executive Order 14028, which seeks...more

McDermott Will & Emery

NIST Publishes Draft Security Criteria for Consumer Software

McDermott Will & Emery on

Consumer software providers will soon have the option to label their software as compliant with National Institute of Standards and Technology (NIST) standards for software security. On November 1, 2021, NIST published its...more

Sheppard Mullin Richter & Hampton LLP

Seeking HoNIST Opinions, Part II – NIST Invites Comments on Major Revision to Cyber Supply Chain Risk Management Practices and...

The National Institute of Standards and Technology (“NIST”) is seeking comments on its second draft of NIST SP 800-161 Rev. 1, “Cyber Supply Chain Risk Management Practices for Systems and Organizations,” published on October...more

Sheppard Mullin Richter & Hampton LLP

Right on Time – NIST Releases Definition of “Critical Software” Per Biden’s Cybersecurity Executive Order

As called for in the May 12, 2021 Cybersecurity Executive Order (“EO”) released by the Biden Administration (discussed here), NIST met its deadline to release a definition of “critical software” within 45 days of the date of...more

Jones Day

Recent Executive Actions Represent Latest Evolution of U.S.-China Relations

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President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more

Stinson - Government Contracting Matters

Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries

Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and...more

Hogan Lovells

Biden Administration issues New Executive Order to protect Americans’ sensitive data

Hogan Lovells on

On January 9, 2021, the Biden Administration issued Executive Order (EO) 14034, to further address the declared national emergency with respect to the information and communications technology and services (ICTS) supply...more

Wiley Rein LLP

Biden Administration Revokes Trump EOs Targeting TikTok, WeChat, and Other Chinese Software Apps; Initiates Broader Investigations...

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On June 9, 2021, the Biden Administration issued an executive order (EO) entitled “Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.” This EO revoked three prior Trump Administration EOs aimed...more

Sheppard Mullin Richter & Hampton LLP

Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries”...more

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