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Enter Stage Right – a New Cyber Regulator Steps into the Spotlight

The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...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

The Private Sector Should Watch NIST’s Broad Work on Privacy and Cybersecurity Guidance

NIST continues to work on several cybersecurity and privacy workstreams of interest to the private sector. While NIST has traditionally supported federal agencies’ IT security, over the past several years it has taken on (and...more

New York State Department of Financial Services Proposes Updates to Cybersecurity Regulation

On July 29, 2022, the New York Department of Financial Services (DFS) released Draft Amendments to its Part 500 Cybersecurity Rules. These changes are open for a preliminary public comment until August 18, and then an...more

West Virginia v. EPA and the Future of Tech Regulation

This term, in West Virginia v. EPA, the U.S. Supreme Court held that the U.S. Environmental Protection Agency (EPA) could not compel a nationwide shift away from coal-powered electricity generation. The Court reasoned that it...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

[Webinar] Privacy and Security in Transactional Due Diligence - May 25th, 12:00 pm - 1:00 pm EDT

Join us to discuss effective approaches to managing due diligence on privacy and cybersecurity issues across transactions. Companies considering acquisitions or joint ventures will need to engage in effective management of...more

Mandatory Cyber Incident Reporting: Pros, Cons, and Next Steps  [Audio]

Wiley Partner Megan Brown sits down with Tatyana Bolton, the Policy Director, Cyber Security and Threats at the R Street Institute, to discuss mandatory cyber incident reporting. They discuss how recent legislation and...more

NIST Moves to Update its Cybersecurity Framework, Seeks Public Comment

The National Institute of Standards and Technology (NIST) has kicked off the process for revamping its flagship cybersecurity guidance document – the Framework for Improving Critical Infrastructure Cybersecurity (CSF), which...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

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

President’s Telecom Advisors Promote Zero Trust Architecture in Key Report

What: On February 23, 2022, the National Security Telecommunications Advisory Committee (NSTAC) approved a final draft of its forthcoming report to the President on Zero Trust and Trusted Identity Management. ...more

Cyber Partnership or Regulation—What Lurks Beneath the Water “Surge”?

Federal agencies have been actively looking at cyber threats to critical infrastructure. In a January 27 announcement the White House said: “it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative to the...more

TSA Rail Cybersecurity Directives Show Increasing Government Regulation of Critical Infrastructure and the Private Sector

What: The Transportation Security Administration (TSA) has issued two Security Directives aimed at passenger and freight railroad cybersecurity, continuing the government’s move to an increasingly regulatory approach to...more

CISA Publishes Cybersecurity Incident Response and Vulnerability Response Playbooks with Intent of Increasing Expectations for the...

What: On November 16, 2021, the Cybersecurity and Infrastructure Security Agency (CISA) released Federal Government Cybersecurity Incident and Vulnerability Playbooks as part of the Biden Administration’s efforts to improve...more

DHS/CISA Mandates Fixing Security Vulnerabilities, Warning Companies to be Vigilant

The Cybersecurity and Infrastructure Security Agency (CISA) issued a sweeping binding directive to federal agencies to patch hundreds of cybersecurity vulnerabilities that are considered major risks for cyber actors to cause...more

DOD Suspends CMMC Version 1.0 and Charts a New Course With “CMMC 2.0”

WHAT: On November 4, 2021, the U.S. Department of Defense (DOD) announced the completion of a months-long internal review and significant changes to the strategic direction of its Cybersecurity Maturity Model Certification...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

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

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

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

2021 Preview: How the Private Sector Will be Impacted by IoT Cybersecurity Work at NIST

The National Institute of Standards and Technology (NIST) has been an active driver of Internet of Things (IoT) cybersecurity efforts for several years, convening stakeholders from the federal government and the private...more

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