This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). The agreement, which entered into force on October 3, 2022, is designed to facilitate cross-border criminal
David Aaron is a former federal prosecutor with the U.S. Department of Justice (DOJ), National Security Division and a former Manhattan Assistant District Attorney.
President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who allege they were harmed by U.S. signals intelligence activity conducted in violation of U.S. law. The EO is intended to address perceived deficiencies in…
The Cybersecurity and Infrastructure Security Agency seeks public input on regulations that will set new mandatory cybersecurity reporting requirements for critical infrastructure companies. Open questions include the following:
- Who will be subject to the new requirements?
- What level of incident will trigger mandatory reporting?
- How much follow-up reporting will be required?
- What costs could potential
National Security Presidential Memorandum-33 requires federal agencies to impose disclosure and security requirements as part of research and development grant programs.
Academic and research institutions will be subject to standardized and enhanced disclosure obligations at the institutional and individual levels. Major institutions will also have to implement security programs with elements including cybersecurity and insider…
The U.S. Securities and Exchange Commission proposed rules that will require public disclosure not only of cybersecurity incidents, but also of aspects of public companies’ preparedness for cyber threats. The proposed rules set a short time frame for reporting “material” compromises, and the rules do not provide for delayed disclosure at the request of law…
On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022. This follows increased reporting of cyber threats facing critical infrastructure sectors, particularly the energy sector. The regulations implementing the reporting requirements may be several years away, but overlap with other new reporting requirements such as the…
In rapid succession, the following occurred:
Congress enacted new cybersecurity requirements for critical infrastructure.
U.S. Securities and Exchange Commission proposed a new cybersecurity rule.
U.S. Department of Justice unsealed indictments of Russian cyber operatives targeting the U.S. energy sector.
Federal Bureau of Investigation and the U.S. Department of Homeland Security pushed out new cybersecurity advisories.…