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SEC Cyber Reporting Mandates: How to Request a National Security or Public Safety Delay

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

Ransomware Attacker Files SEC Complaint to Increase Pressure on Victim

The Black Cat/ALPHV ransomware group filed a complaint with the U.S. Securities and Exchange Commission (SEC) to allege that one of their victims failed to disclose a cyberattack to the SEC within four days, reports Bleeping...more

GAO Calls for Better Info-Sharing by ONCD and CISA After Cyberattacks; May be Inconsistent with New Mandates

Information sharing has seemed like the “holy grail” of federal cyber policy: sought after but elusive, especially to those who think it will solve their problems. At a time of increased regulation and looming mandates for...more

How to Fix the Cyber Incident Reporting Mess--DHS Weighs In [Audio]

Wiley’s cyber team talks about cyber incident reporting after a new report from DHS advising Congress on duplication of reporting regimes. With over 50 reporting requirements spread over 20 agencies, federal agencies and the...more

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

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

SEC Adopts Controversial New Cybersecurity Disclosure Rules for Public Companies

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

National Cybersecurity Strategy Outlines A New Era of Cybersecurity Regulation

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

White House Pivots on Cyber: Voluntary Compliance Carrots Are Being Replaced By Big Regulatory Sticks

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

The CLOUD Act Data Access Agreement – 10 Things That U.S. Telecommunications Companies Need to Know Now

Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more

[Webinar] EU / U.S. Data Transfers – Update - November 1st, 10:30 am - 11:30 am EST

Join us for a webinar where we will focus on the details of the recently finalised and published Executive Order to Implement the European Union-U.S. Data Privacy Framework. Alongside Alex Brown of UK-headquartered...more

Executive Order on EU-U.S. Data Sharing Signed

On October 7, 2022, President Biden signed the Enhancing Safeguards for United States Signals Intelligence Activities Executive Order (Executive Order or EO), which implements the EU-U.S. Data Privacy Framework (EU-U.S. DPF)....more

Maryland Court of Appeals Updates the ‘Particularity’ Standard for Cell Phone Searches as U.S. Courts Develop New Doctrines for...

On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a...more

DHS CISA Kicks off Work to Regulate Critical Infrastructure Incident Reporting

Congress has directed the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) to create broad new rules for mandatory cyber incident reporting to be imposed on critical...more

[Podcast] NSA Cybersecurity Services for Defense Contractors [Audio]

Lyn Brown sits down with Kristina Walter, Chief of the Defense Industrial Base Cybersecurity within the National Security Agency’s Cybersecurity Collaboration Center, and Ben Kastan who is the Associate General Counsel for...more

Rethinking the Cybersecurity Challenge from an Intelligence Community Perspective

Director of National Intelligence (DNI) Avril Haines was interviewed by Michele Flournoy, Co-Founder and Managing Partner at WestExec Advisors and former Under Secretary of Defense for Policy, on the first day of the RSA...more

Multi-Faceted Extortion: Insider Look at Ransom Payments and Cyber Defense

Day 3 at RSA Conference 2022 was filled with fascinating discussions on enhancing our cyber defenses to defeat the ever-proliferating spate of increasingly common and expensive ransomware attacks....more

Defending Against Covert Foreign Influence in the U.S.

Day 2 at the RSA Conference brought us an interesting discussion of fighting covert foreign influence while protecting free expression in the United States with panelists from U.S. Central Command, U.S. Cyber Command, and Red...more

RSA Conference Day 1: The Only Constant is Change

I am at the RSA Conference 2022 in San Francisco, my first time as a member of the private sector, since retiring from the FBI last year. I attended one of the keynotes on the first day of the conference, in between panels on...more

FBI Warrantless Searches of U.S. Persons under FISA Over-Reported

The headlines scream: “FBI made 3.4M warrantless U.S. data searches,” claiming that the FBI carried out nearly 3.4 million warrantless searches of Americans’ electronic data that was collected as part of the government’s...more

Industry Highlights NIST Cybersecurity Framework’s Value as NIST Weighs a Potential Update

Public comments in an ongoing cybersecurity proceeding at the National Institute of Standards and Technology (NIST) highlight the utility of a foundational cybersecurity document while also providing suggestions for its...more

CISA Signals Cyber Incident Reporting Requirements

In March 2022, Congress passed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) requiring critical infrastructure to report significant cyber incidents and ransomware payments to the Cybersecurity...more

Industry Urges NIST to Preserve Key Attributes in Updating its Cybersecurity Framework

Public comments on updating the National Institute of Standards and Technology’s (NIST), the Framework for Improving Critical Infrastructure Cybersecurity (CSF), highlight private and public sector interest in this core...more

The Private Sector Should Brace for New Mandatory Cyber Incident Reporting Obligations

Late 2021 and early 2022 have been full of federal government activity related to cybersecurity incident reporting. Congress passed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 to require mandatory...more

U.S. Moves to Regulate Digital Currencies More Closely: Strongly Considers Establishing a U.S. Central Bank Digital Currency

What: On March 9, 2022 President Biden signed an Executive Order (EO) on digital assets, including cryptocurrencies, and the possible creation of Central Bank Digital Currencies (CBDC) for a digital form of the country’s...more

SEC Proposes Cybersecurity Rules for Publicly Traded Companies

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

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