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Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing...more

DOJ Kicks Off Work to Regulate Foreign Access to Sensitive Personal Data Under New EO

On March 5, 2024, the Department of Justice (DOJ) issued an Advance Notice of Proposed Rulemaking (ANPRM) regarding Access to Americans’ Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern. The...more

Commerce Considers Regulating Connected Vehicles to Protect Against Foreign Adversaries

On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more

SEC Breach Reporting Rules Effective as of December 18

For most filers, the U.S. Securities and Exchange Commission’s (SEC) new Form 8-K rules for reporting material cybersecurity incidents took effect yesterday, December 18, 2023. The rule has been controversial and created some...more

Cyber Incident Reporting Guidance: DOJ Explains How It Will Determine if a Public Disclosure Poses Substantial National Security...

The cyber reporting landscape is rapidly shifting. Many agencies are developing rules, and a major player has been the U.S. Securities and Exchange Commission (SEC), with important questions arising about implementation of...more

Intelligence Gathering and FISA Section 702: Lots of Heat Obscures Important Practical Issues

As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more

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

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

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

The Top 5 Cyber Issues for 2022

Amid a sharp rise in ransomware attacks over the past year, cyber gained prominence as a top business risk and national security concern – and 2022 is shaping up to be the year of cybersecurity standards and compliance....more

Cyber in 2022: What Happened and What is Coming [Audio]

In the inaugural episode of Wiley’s 2022 Privacy & Cyber Series, Wiley partner Megan Brown and special counsel Lyn Brown, who recently joined Wiley from the FBI, discuss cyber trends that picked up speed in 2021 and offer...more

2022 Cyber Watch List: A look at 2021 and What’s to Come in the Year Ahead

Privacy In Focus®- In 2021, cyber gained prominence as a top business risk and national security concern with ransomware attacks wreaking havoc on business operations and critical infrastructure. Companies large and small,...more

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