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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

Trump EO on Preparedness and Resilience Could Signal Major Shifts in Federal Role

On March 19, 2025, the White House released Executive Order (EO) 14239, Achieving Efficiency Through State and Local Preparedness, which calls for a comprehensive review of and changes to many long-standing federal...more

CISA 2015 Reauthorization – Are Changes on the Horizon?

As we noted in Federal Cybersecurity Policy in 2025: What to Watch in Changing Times, key parts of the Cybersecurity Information Sharing Act of 2015 (CISA 2015), the United States’ foundational cybersecurity information...more

After the Cyberspace Solarium Commission’s Successful Run, What’s Left to Do?

On September 19, 2024, U.S. Senator Angus King (D-ME); Rear Admiral (retired) Mark Montgomery, Senior Director and Senior Fellow of the Foundation for Defense of Democracies’ Center on Cyber and Technology Innovation; and...more

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the...more

Policy Patches: An Update on Software Security Regulation

So far, 2024 has been another very busy year for U.S. cybersecurity regulation. Among the top priorities has been software security, as we previewed early this year. Companies that sell software to the federal government or...more

How Bad Is It Out There? Our Thoughts on Verizon’s 2024 Data Breach Investigations Report (DBIR)

Verizon released its Data Breach Investigations Report (DBIR) for 2024, an annual treat that highlights some trends companies should be aware of as they manage their cybersecurity programs and respond to and anticipate new...more

Cyber Update: SEC Issues New Guidance on Cybersecurity Incident Disclosure

On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Corp Fin) added to its Compliance and Disclosure Interpretations (C&DI) related to disclosure of Material Cybersecurity...more

Calls for Cybersecurity Regulatory Harmonization Ramp Up in Congress, White House

The proliferation of cybersecurity regulations has the White House and Congress calling for harmonization to streamline regulations, focus on reciprocity, and decrease compliance costs. Senator Gary Peters (D-MI), chair of...more

CYBER UPDATE: White House Seeks Regulatory Harmonization While Exploring a Pilot for Reciprocity Amid Proliferation of Regulations

Companies, particularly those in “critical infrastructure” sectors, have seen a dramatic increase in cybersecurity regulatory requirements in just the past few years – and the White House is looking to move faster. At the...more

Darned if You Do, Darned if You Don’t: Recent Lessons from the SEC On Cyber Reporting

The Security and Exchange Commission (SEC) Director of the Division of Corporate Finance, Erik Gerding, released a statement on May 21, 2024 that may have regulated entities scratching their heads about compliance and the...more

New White House Policy Previews Increased Cybersecurity Oversight and Regulation

On April 30, 2024 the White House updated the foundational U.S. government policy that defines critical infrastructure (CI) sectors and establishes a coordination structure within the federal government to support owners and...more

NIST Cybersecurity Framework 2.0 Reveals Major Shifts in Federal Guidance

On February 26, 2024, the National Institute of Standards and Technology (NIST) released the Cybersecurity Framework version 2.0 (CSF 2.0). CSF 2.0 is a generational update to NIST’s foundational cybersecurity guidance, which...more

SEC Chairman Critiques AI: Compares Faulty AI to "Hallucinogenic Mushrooms" and Predicts Regulation and Oversight

Federal regulators continue to target Artificial Intelligence (AI), using colorful rhetoric to signal skepticism and justify regulatory oversight. In recent remarks addressing the use of AI in financial markets, SEC Chairman...more

Cyber and Government Procurement: An Update as the FASC Piles on Supply Chain Security Regulations

We continue to track developments affecting government contractor cybersecurity and supply chains, as the federal government churns out proposals and rules. Wiley’s supply chain, cyber, government contracts, and national...more

IG Report Finds Cyber Info Sharing Works but Barriers Remain – Implications for Incident Reporting?

A recent Report to Congress from the Office of Inspector General (OIG) of the Intelligence Community addresses barriers to information sharing that Congress sought to promote in landmark 2015 legislation. This report may have...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

FCC Expands Privacy and Data Protection Work with States to Increase Investigations

Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more

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