On July 21, 2020, the New York State Department of Financial Services (NYDFS or the Department) issued a statement of charges and notice of hearing (the Statement) against First American Title Insurance Company (First American) for violations of the Department’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (Cybersecurity Regulation or Regulation). The First American Statement of charges alleges six violations of the Cybersecurity Regulation and marks the Department’s first action pursuant to the Regulation, which is enforced by the recently created NYDFS Cybersecurity Division.1
NYDFS’s Statement seeks relief against First American, including civil monetary penalties and an order requiring First American to remediate any defined violations. Although the Statement does not include a calculation of the total penalty, the NYDFS explains that the civil monetary fines against First American are to be assessed pursuant to the Financial Services Law, which provides for a maximum civil monetary penalty of $1,000 per violation of the Regulation.2 Because First American’s violations included the exposure of millions of documents containing nonpublic information (NPI), the total penalty potentially could be substantial. The First American hearing is scheduled to occur on October 26, 2020, at the NYDFS.
Soon after he took office, President Trump issued Executive Order (EO) 13800, Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. Given that the President spent much of his campaign and early Presidency trying to distance his Administration from that of his predecessor, commentators noted a surprising amount of continuity between Trump’s cybersecurity EO and the Obama Administration’s approach to cybersecurity. A focus on critical infrastructure and transparency from publicly traded companies that control it; an emphasis on the public and private sectors working together; reliance on standards promulgated by the National Institute of Standards and Technology; a focus on protecting the Federal Government’s networks, including by taking steps toward using shared infrastructure such as the cloud – EO 13800 builds on existing policies and initiatives in each of these areas and others. (more…)
On May 15, 2018, various media outlets reported that the Trump administration decided to eliminate the position of White House Cybersecurity Coordinator. According to reports, John Bolton, appointed as National Security Adviser effective April 2018, had been instrumental in the decision that the position was no longer necessary based on the reasoning that the role was already addressed by other members of President Trump’s national security staff. The administration’s decision was met with sharp criticism, including from Democrats in Congress such as U.S. Senator Mark R. Warner (D-VA) who called the move “mindboggling” and cybersecurity expert Bruce Schneier, who called it “a spectacularly bad idea.”