Kristen Eichensehr

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DHS Announces Reconsideration Process for “Critical Infrastructure at Greatest Risk”

Executive Order 13,636 on Improving Critical Infrastructure Cybersecurity directed the Secretary of Homeland Security to identify “critical infrastructure at greatest risk” within 150 days after issuance of the Order on February 12, 2013.  Section 9 of the Order specified that the Secretary, in consultation with sector-specific agencies, should “use a risk-based approach to identify critical … Continue Reading

DOJ and FTC Issue Antitrust Policy Statement on Sharing of Cybersecurity Information

On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued a joint “Antitrust Policy Statement on Sharing of Cybersecurity Information.” Information sharing between the government and the private sector and among private sector entities has been a major consideration in ongoing legislative and executive branch efforts to address … Continue Reading

GSA Seeks Comments on Implementation of GSA/DOD Cybersecurity Joint Report Recommendations

By Susan B. Cassidy On March 12, 2014, General Services Administration (“GSA”) issued a Request for Information (“RFI”) to obtain stakeholder input on implementing the recommendations contained in the joint GSA and Department of Defense (“DOD”) report, Improving Cybersecurity and Resilience through Acquisition (“Joint Report”), issued on January 23, 2014. The Joint Report and, in … Continue Reading

“National Cybersecurity and Critical Infrastructure Protection Act of 2013” Introduced with Bipartisan Sponsorship

On December 11, House Homeland Security Committee Chairman Michael McCaul (R-TX) introduced a long-awaited cybersecurity bill, entitled the National Cybersecurity and Critical Infrastructure Protection Act (“NCCIP Act”), H.R. 3696.  The bill has bipartisan co-sponsors including, House Homeland Security Committee Ranking Member Bennie Thompson (D-MS), and Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies Chairman Patrick … Continue Reading

Covington and the George Washington University’s Cybersecurity Initiative Release Issue Brief on Cyberespionage and Trade Secret Theft

At a co-hosted event last week, Covington & Burling LLP and The George Washington University’s Cybersecurity Initiative released an issue brief on the growing threats of cyberespionage and trade secret theft and responses to address these threats.  The paper provides an overview of existing laws and policy reforms being considered in the U.S. and European … Continue Reading

NIST Releases Preliminary Cybersecurity Framework

Today the National Institute of Standards and Technology (“NIST”) issued a discussion draft of a “Preliminary Cybersecurity Framework.” Executive Order 13,636 on Improving Critical Infrastructure Cybersecurity tasked NIST with developing a “Cybersecurity Framework” “to reduce cyber risks to critical infrastructure.”  The Order specifies that the Framework must “provide a prioritized, flexible repeatable, performance-based, and cost-effective … Continue Reading

Senators Rockefeller and Thune Introduce “Cybersecurity Act of 2013”

In advanced of a July 25 Senate Commerce Committee hearing on “The Partnership Between NIST and the Private Sector: Improving Cybersecurity,” Chairman Jay Rockefeller (D-WV) and Ranking Member John Thune (R-SD) introduced the “Cybersecurity Act of 2013” (S. 1353). The bill avoids controversial topics such as information sharing and regulation of critical infrastructure cybersecurity and … Continue Reading

Cyber Theft Bill Introduced by Bipartisan Group of Senators

On Tuesday, Senators Carl Levin (D-MI), John McCain (R-AZ), Jay Rockefeller (D-WV), and Tom Coburn (R-OK) introduced the “Deter Cyber Theft Act.” The Act would require the Director of National Intelligence (“DNI”) to provide relevant congressional committees with an annual report on “foreign economic and industrial espionage in cyberspace.”  The report would require the DNI … Continue Reading

Covington Files Comments on Cybersecurity Incentives

Executive Order 13,636 on Improving Critical Infrastructure Cybersecurity directs the National Institute of Standards and Technology (“NIST”) to develop a Cybersecurity Framework  of standards, methodologies, and processes for addressing cybersecurity risk.  It also charges the Department of Homeland Security with developing a Critical Infrastructure Cybersecurity Program to promote adoption of the Cybersecurity Framework by critical … Continue Reading

Cyber Intelligence Sharing and Protection Act Passes House Intelligence Committee

In a vote Wednesday afternoon, the House Permanent Select Committee on Intelligence passed the Cyber Intelligence Sharing and Protection Act (“CISPA”).  Eighteen Representatives voted in favor of the bill, and two–Rep. Adam Schiff (D-CA) and Rep. Jan Schakowsky (D-IL)–voted against. The Committee adopted amendments that Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) … Continue Reading

Reflections on Legal and Policy Developments in Cybersecurity

By David N. Fagan and Kristen E. Eichensehr  On March 28, our firm hosted an event, co-sponsored with The Chertoff Group, on Legal and Policy Developments in Cybersecurity.  The event featured keynote addresses by former Secretary of Homeland Security Michael Chertoff, now Senior Of Counsel with Covington and founder of The Chertoff Group, and Representative … Continue Reading

Amendments Expected for Cyber Intelligence Sharing and Protection Act

By David N. Fagan and Kristen E. Eichensehr  In a call with reporters Monday, Representatives Mike Rogers (R-MI) and Dutch Ruppersberger (D-MD), respectively the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence (“HPSCI”), announced several planned amendments to the Cyber Intelligence Sharing and Protection Act (“CISPA”).  The bill is expected to … Continue Reading

President Obama Issues Cybersecurity Executive Order

In his State of the Union message on Tuesday, President Obama announced that he had signed an Executive Order addressing the cybersecurity of  critical infrastructure.  President Obama emphasized that in the face of threats to corporate secrets, the power grid, and financial institutions, among others, “We cannot look back years from now and wonder why … Continue Reading

Foreign and Economic Espionage Penalty Enhancement Act of 2012 Signed Into Law

In an effort to stem the tide of intellectual property theft from U.S. companies, on January 14, 2013, President Obama signed H.R. 6029, the Foreign and Economic Espionage Penalty Enhancement Act of 2012. The Act increases the penalties for trade secret theft under the Economic Espionage Act of 1996 for crimes that the perpetrator knows … Continue Reading

Senator Rockefeller Requests Cybersecurity Information from Fortune 500 Companies

In the wake of the Senate’s failure to pass comprehensive cybersecurity legislation in August and amid continued discussion about the possibility of a cybersecurity executive order, Senator Jay Rockefeller has sought information directly from Fortune 500 companies.  Senator Rockefeller has urged President Obama to issue a cybersecurity executive order, but in a letter sent to … Continue Reading

White House Considers Cybersecurity Executive Order

Before recessing in August, the Senate considered, but failed to pass, comprehensive cybersecurity legislation, the Cybersecurity Act of 2012 (S. 3414) (“CSA2012”). Shortly thereafter, during a Council on Foreign Relations event on August 8, Deputy National Security Adviser John Brennan stated that the President is considering using an executive order to implement portions of the … Continue Reading

Senators Introduce Revised Cybersecurity Act of 2012

On July 19, 2012, Senators Joseph Lieberman (I-CT), Susan Collins (R-ME), Jay Rockefeller (D-WV), Dianne Feinstein (D-CA), and Tom Carper (D-DE) introduced a revised version of the Cybersecurity Act of 2012 (“CSA2012”), which they initially introduced in February. The revision includes elements drawn from efforts by Senators Sheldon Whitehouse (D-RI) and Jon Kyl (R-AZ) to … Continue Reading

House Approves Two Additional Cybersecurity Bills

Following on its passage on Thursday of the Cyber Intelligence Sharing and Protection Act (CISPA) (H.R. 3523) and the Federal Information Security Amendments Act of 2012 (H.R. 4257), the House on Friday approved two additional cybersecurity measures. The Cybersecurity Enhancement Act (H.R. 2096), sponsored by Rep. Michael T. McCaul (R-TX), passed by a vote of … Continue Reading

House Approves Two Cybersecurity Bills

On Thursday, the House voted on and passed two cybersecurity bills. The Cyber Intelligence Sharing and Protection Act (CISPA) (H.R. 3523), sponsored by Rep. Mike Rogers (R-MI) and more than a hundred other Congressmen, passed by a vote of 248-168. As previously discussed on this blog, CISPA would facilitate information sharing between private entities and … Continue Reading

Republican Senators Introduce SECURE IT Act

Yesterday Senator John McCain (R-AZ) introduced the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012 (SECURE IT Act). The bill's cosponsors include Senators Kay Bailey Hutchison (R-TX), Chuck Grassley (R-IA), Saxby Chambliss (R-GA), Lisa Murkowski (R-AK), Dan Coats (R-IN), Ron Johnson (R-WI), and Richard Burr (R-NC).… Continue Reading
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