Archives: Cyber and National Security

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China’s Cybersecurity Regulators Issue Procedural Rules to Strengthen Enforcement Power


For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with specific enforcement actions. Against this background, the CAC issued the Provisions on Administrative Law Enforcem… Continue Reading

White House Releases Cybersecurity Executive Order

White House

On May 11, 2017, the White House released its long-awaited Executive Order on cybersecurity (EO). The EO directs Executive Branch agencies to develop plans to assess and improve the cybersecurity of their own operations, based on the 2014 NIST Cybersecurity Framework; directs law enforcement and national security agencies to work with providers of cri… Continue Reading

Cyber Security Threats are Evolving. Are You?

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Cyber-attacks are constantly growing more challenging and dangerous. It is a top priority for businesses to protect their networks, computers, and information from unauthorized access. Should a data breach occur, cyber criminals, industry competitors, and even foreign governments put your employees and business and customer relationships at riskContinue Reading

What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues arising out of the FBI’s effort to access the smart phones of the suspects in the San Bernardino shootings.

In the original r… Continue Reading

Advisory Alert: Can Ransomware Trap Your Health Information?


The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has been highlighting the threat posed by “ransomware”—when an organization is locked out of its own systems and files by cyber criminals who then demand the organization pay a ransom to regain access.  OCR launched its Cyber-Awareness initiative on Feb. 2 by emaili… Continue Reading

Passage of Cybersecurity Act Eliminates Liability for Cyber-Sharing


Businesses concerned about combating cyber threats got an unexpected gift from Washington in the final weeks of 2015 with the passage of long-stalled cyber-sharing legislation that encourages private enterprises and the federal government to voluntarily share certain cyber threat information while limiting the private sector’s liability for su… Continue Reading

Wyndham v. Deflategate: Where Are the Goal Posts?


As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY) rejected the NFL’s authority to impose a 4-game suspension on New England Patriots’ quarterback Tom Brady for breaching professional … Continue Reading

Pardon the “Intrusion” – Cybersecurity Worries Scuttle Wassenaar Changes


Concerns over proposal to implement cybersecurity provisions of the Wassenaar Arrangement prompt Commerce Department to pull proposed rule

Companies concerned about their cybersecurity posture can breathe a small sigh of relief, as the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently announced it was scrapping plans t… Continue Reading

DoD New Cyber Security Reporting Rules for Contractors


In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors, and new requirements for DoD cloud computing contracts.

The Rule requires federal contractors to report cyber incide… Continue Reading

Telephone Surveillance Hang-Ups: Second Circuit Asks Parties in ACLU v. Clapper to Brief Whether the USA Freedom Act Moots Plaintiff’s Claims

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Not long after striking down the National Security Agency’s telephone surveillance program in ACLU v. Clapper, the Second Circuit is asking the parties to assess whether recently passed federal legislation has rendered the plaintiff’s claims moot.

On May 7 the Second Circuit Court of Appeals ruled that the NSA’s bulk telephone metadata collecti… Continue Reading

Video Interview: Protect Yourself from Cyber Threats


On Thursday, June 4, 2015, Sean Hoar made an appearance on the “AARP Fraud Watch” segment of A.M. Northwest, a television program at KATU TV in Portland, Oregon, where he gave some tips to consumers about how they can protect themselves from cyber threats.  In his former role as the lead cyber attorney for the U.S. Attorney’s Office in Oregon, Sea… Continue Reading

Finding a Cyber Safe Harbor in the SAFETY Act


Does your company provide or use a cybersecurity product or service? Are you concerned about the potential liability for yourself, your distributors and your customers if your cybersecurity product is used in an attempt to thwart cyber terrorism? You should be.

Late last month the Department of Homeland Security (DHS) certified two cybersecurity produ… Continue Reading

Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal

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Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government.

The latest wave broke last week when the United States Court of Appeals for the Second Circuit held in ACLU v. Clapper that the National Security Agency’s mass telephone metadata collection progra… Continue Reading

Is Wi-Fi Security Keeping You Awake on the Road?


Sometimes it’s hard to get a good night’s rest out on the road. Accessible Wi-Fi in hotels, airplanes, coffee shops, and other hospitality locations has quickly gone from a luxury to a  necessity for customers who need continuous access to the Internet. Yet serious security gaps in the majority of hospitality Wi-Fi networks are causing restless nig… Continue Reading

Are Regulatory Fears Impeding Industry Cyber Sharing?

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Business leaders confess that concerns of adverse regulatory actions are impacting industry willingness to share cyberthreat information with authorities

They say that no good deed goes unpunished. And when it comes to cyber sharing, industry leaders are concerned that their only “reward” for helping the government identify and respond to cyber… Continue Reading

General Counsel, Is Your Website Vulnerable?


A report just released by security startup, Menlo Security, found that one-third of the top one million websites have already been compromised with malware or are running outdated or unpatched software that is vulnerable.

The problem is two-fold:

1. Does your website contain vulnerabilities?
As the report notes, these website vulnerabilities are easi… Continue Reading

White House Big Data Working Group Claims “Significant Progress” On Executive Branch Privacy Initiatives, But Blames Congress and Big Data Stakeholders for Delaying Important Privacy Legislation and Voluntary Actions


On February 5 the White House big data and privacy working group released an “Interim Progress Report” (hereinafter “the Interim Report”) summarizing its “progress in furthering the majority of the recommendations made” in its May’s 2014 report, “Big Data: Seizing Opportunities, Preserving Values” (hereinafter “the Big Data R… Continue Reading

Farewell, Federal Cybersecurity Incentives?


Administration Takes Private Sector Incentives Off the Table, While Obama Calls for $14 Billion in FY 2016 Budget to Strengthen Government’s Cybersecurity Efforts

The White House’s Cybersecurity Coordinator Michael Daniel announced on Monday that the government will not offer incentives for private sector businesses to adopt… Continue Reading

World Economic Forum Releases Framework to Quantify Cyber Threats

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In conjunction with its annual meeting this week, the World Economic Forum released a report on its current efforts to develop a common framework to model and quantify the impact and risk of cyber threats.  The report highlights that “even well-guarded [organizations] face the threat of a cyberattack.”

The report embraces the value-at-risk mathem… Continue Reading

Cybersecurity: The Human Factor

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Financial institutions are under a constant and growing cyber assault from hacktivists that want to cause online mischief, criminals that want to steal consumer data and nation-states that are looking for a military, political or economic advantage. In this increasingly costly war, the focus is often on the latest hardware, software and analytics to fo… Continue Reading

Advisory Alert: A Corporate Counsel’s Guide to Cyber Insurance

On an almost daily basis, you are reminded of why you should worry about the security of your company’s data and information systems. Whether it be from headlines in hard copy, broadcast, or online media, your senses have been slammed with one sensational story after another about increasingly massive data breaches. You may have even read about malware t… Continue Reading

Congress Funds Cybersecurity: Spending Bill Allocates over $1 Billion to Cybersecurity

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The final spending bill of the 113th Congress, which keeps the government doors open until September 30th of 2015, was passed by the House on December 11th, the Senate on the 13th, and signed by the President on December 16th. It is a $1.1 trillion omnibus spending bill that will direct well over $1 billion toward cybersecurity. Among other things, it will pro… Continue Reading

Congress Confirms NIST’s Role in Cybersecurity – and the Continuation of the Cybersecurity Framework

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The Cybersecurity Enhancement Act of 2014 (CEA) was passed by the House and the Senate on December 11th, and signed by the President on the 18th. The bill formalizes the role of the National Institute for Standards and Technology (NIST) in continuing to develop the voluntary Cybersecurity Framework. Through five “titles,” the bill includes provisio… Continue Reading