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Unsealed Indictment Connected to Record Breaking Telecom Case Reconfirms DOJ’s Commitment to Individual Accountability

In September, the U.S. District Court for the Southern District of New York unsealed an indictment charging Afework Bereket, a former account manager with a large telecom company, with conspiracy to violate the Foreign...more

California’s New Privacy Agency Kicks Off the New CPRA Rulemaking Process

On September 22, 2021, the California Privacy Protection Agency (CPPA or Agency)—the new agency established by the California Privacy Rights and Enforcement Act (CPRA)—released an Invitation for Preliminary Comments on...more

BIS Requests Comments on ICT Supply Chain Risks

On September 20, 2021, the U.S. Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a Notice of Request for Public Comments (RFC) on Risks in the Information Communications Technology (ICT) Supply...more

FASC Issues Final Rule on Securing Information and Communications Technology Supply Chains in Federal Systems

WHAT: On August 26, 2021, the Federal Acquisition Security Council (FASC) issued its final rule to implement the 2018 Federal Acquisition Supply Chain Security Act. See 86 Fed. Reg. 47582 (Aug. 26, 2021). The FASC made minor...more

U.S. Supreme Court Clarifies Circuit Split – Privacy Suits Require Concrete Harm for Article III Standing

On June 25, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding that only plaintiffs concretely harmed by a defendant’s statutory violation have Article III standing to seek damages against the private...more

Biden Administration Signals Tech and Telecom Priorities in EO on Competition

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy (EO). The EO seeks to establish a “whole-of-government” effort to promote competition in the U.S. economy, featuring...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

FCC Releases Proposal to Tackle Security in Equipment Authorizations, Spectrum Auction Certifications, and Beyond

On June 17, 2021, the Federal Communications Commission (FCC or Commission) voted unanimously to approve its Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s...more

Cyber Proposals Should Reject Impractical Obligations and Victim Shaming

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

Supreme Court Limits Application of Computer Fraud and Abuse Act, Impacting Use of Online Information

In Van Buren v. United States, No. 19-783, 593 U.S. _ (2021), the U.S. Supreme Court weighed in on the scope of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, bringing much needed clarity to how people and...more

Industry Implications of EO on Improving the Nation’s Cybersecurity [Audio]

President Biden’s recent issuance of the highly anticipated Executive Order on Improving the Nation’s Cybersecurity (EO or Order), in the midst of high-profile cyber-attacks on the Nation, brought new challenges to...more

New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization...more

10 Ways the Ransomware Task Force’s New Report Could Impact the Private Sector

In the last few years, thousands of businesses, hospitals, school districts, local governments, and other entities have fallen victim to ransomware. Several government and quasi-government groups are looking to take action....more

Key Takeaways from the AMG Capital Management v. FTC Decision [Audio]

In this episode of Wiley Connected, Wiley partners discuss the Supreme Court’s recent 9-0 decision in AMG Capital Management v. FTC and its impacts. Tom Johnson, former Federal Communications Commission General Counsel, and...more

Biden’s Cyber EO Aims to Improve Federal Security and Move Private Sector

On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more

Supreme Court Curbs FTC Power to Seek Monetary Relief

In a unanimous decision on April 22, 2021, the U.S. Supreme Court significantly limited the ability of the Federal Trade Commission (FTC) to obtain monetary relief in federal court cases. In AMG Capital Management, LLC v....more

Utah Establishes a Legal Safe Harbor for Companies That Adopt Data Security Programs

Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more

SCOTUS Provides TCPA Clarity by Rejecting Expansive Autodialer Definition

In its second major Telephone Consumer Protection Act (TCPA) ruling since last July, on April 1, 2021, the U.S. Supreme Court rendered a unanimous decision interpreting a critical term in the statute: “automatic telephone...more

FTC Prepares to Expand Rulemaking, Including on Privacy and Data Use

Last week the Federal Trade Commission (FTC) announced the creation of a new rulemaking group within the FTC’s Office of the General Counsel. The announcement and other statements signal that the FTC under Acting Chairwoman...more

Department of Commerce Convenes Virtual Forum on Supply Chain Risks in Semiconductor Manufacturing and Packaging

The U.S. Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) Office of Technology Evaluation will hold a virtual forum on April 8, 2021, to discuss risks and potential risk-mitigating policies for U.S....more

[Webinar] National Security Concerns in International Supply Chains: New Laws, Policies, and Funding - April 13th, 2:00 pm - 3:00...

The United States, China, and multiple nations are implementing new laws, policies, and funding to address supply chain security. Such changes may greatly impact international trade flows and compliance requirements for...more

Comments Dates Set: Standard Questions for Applications and Petitions Subject to Team Telecom Review

The Federal Communications Commission (FCC or Commission) has set the deadlines for commenting on the International Bureau’s Public Notice seeking comment on a set of standard national security and law enforcement questions...more

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...more

Tech Risk Assessments: Cloud Services Under the Microscope?

The old saying goes, personnel is policy. This may be particularly true at this point in federal cybersecurity policy, where multiple agencies and Congressional committees play changing roles, including expanding capacities...more

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