Category

National Security

09 December 2021

U.S. Commerce Department Proposes Expansion of Information and Communications Technology and Services Review Process

On November 26, 2021, the U.S. Department of Commerce (Commerce) issued a notice of proposed rulemaking (Proposed Rule) implementing Executive Order 14034 on Protecting Americans’ Sensitive Data from Foreign Adversaries (EO 14034). The Proposed Rule would bring “connected software applications” into the scope of Commerce’s authority to review certain transactions … Read More

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14 October 2021

The U.S. Federal Government Continues Its Focus on Ransomware Attacks: CISA, FBI, and NSA Publish Technical Advisory on the Conti Group

On September 22, 2021, the Cybersecurity and Infrastructure Security Agency (CISA), Federal Bureau of Investigation (FBI), and National Security Agency (NSA) published a cybersecurity advisory (the “Advisory”) outlining the Conti ransomware group’s tactics, techniques, and procedures (“TTPs”) to help companies protect against their attacks. This Advisory is especially … Read More

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25 June 2021

European Data Protection Board Issues Final Schrems II Recommendations

The European Data Protection Board (“EDPB”), adopted on 18 June 2021 its final recommendations describing how controllers and processors transferring personal data outside the European Economic Area (“EEA”) may comply with the Schrems II ruling (“Final Schrems II Recommendations”). The Final Schrems II Recommendations, … Read More

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21 June 2021

Federal Government Interest in Cyber Continues: Congressional Hearings on the Colonial Pipeline Cyberattack

On May 7, 2021, Colonial Pipeline experienced a ransomware cyberattack on its corporate network. This attack, attributed to the DarkSide hacking group, led the company to temporarily halt the operation of its pipeline network—causing fuel shortages throughout the East Coast. Although highly publicized, the Colonial Pipeline cyberattack is not unique. … Read More

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16 June 2021

The U.S. Innovation and Competition Act: Senate Passes Sweeping $250 Billion Bill to Bolster Scientific Innovation and Compete With China

On Tuesday, June 8, 2021, the U.S. Senate adopted by a 68-32 vote S. 1260, the United States Innovation and Competition Act, a nearly 2,400-page, $250 billion bill designed to boost U.S. semiconductor production, scientific research, development of artificial intelligence, and space exploration in the face of growing economic, technological, … Read More

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04 June 2021

TSA Issues Directive to Enhance Pipeline Cybersecurity

The U.S. Department of Homeland Security’s Transportation Security Administration (“TSA”) issued a Security Directive, “Enhancing Pipeline Cybersecurity” on May 28, laying out new cybersecurity requirements for operators of liquids and natural gas pipelines and LNG facilities designated as critical infrastructure.

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14 May 2021

Major Executive Order on Cybersecurity Aims to Fortify Defenses and Coordinate U.S. Response to Growing Epidemic of Cyberattacks

The Biden administration issued a lengthy Executive Order, “Improving the Nation’s Cybersecurity,” on May 12, which it described as the “first of many ambitious steps” toward modernizing U.S. cybersecurity defenses. The White House simultaneously issued an explanatory fact sheet and background press call.

Pursuant to the Order, government agencies will … Read More

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22 April 2021

Supreme Court Considers Injury and Typicality Questions in Case With Implications for Data Breach and Privacy Class Action Litigation

On March 30, 2021, the Supreme Court heard arguments in TransUnion LLC. v. Ramirez, a case in which Respondent Ramirez brought a class action lawsuit against Petitioner TransUnion, alleging that it incorrectly placed a flag on his credit report; the flag suggested that Ramirez was on a list of … Read More

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28 January 2021

U.S. Commerce Department Issues Interim Regulations Establishing Review Process for Information and Communications Technology and Services Supply Chains

On January 19, 2021, the U.S. Department of Commerce (Commerce) issued interim final regulations (interim rules) implementing Executive Order 13873, Executive Order on Securing the Information and Communications Technology Services Supply Chain (EO), which was intended to address alleged threats against information and communications technology and services (ICTS) in the … Read More

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