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Matthew Harden

Matthew Harden is a litigation associate in the firm’s New York office and advises on a broad range of cybersecurity, data privacy, and national security matters, including cybersecurity incident response, cybersecurity and privacy compliance obligations, internal investigations, and regulatory inquiries.

On February 26, 2024, the U.S. National Institute of Standards and Technology (“NIST”) published version 2.0 of its Cybersecurity Framework.  Originally released in 2014 and updated in 2018 and now 2024, the NIST Cybersecurity Framework (“CSF” or “Framework”) “offers a taxonomy of high-level cybersecurity outcomes that can be used by any organization — regardless of its size, sector, or maturity — to better understand, assess, prioritize, and communicate its cybersecurity efforts.”  Globally, organizations, industries, and government agencies have increasingly relied upon the Framework to establish cybersecurity programs and measure their maturity.  NIST had proposed some potentially significant updates to the Framework in a Concept Paper published on January 19, 2023, which this Version 2.0 follows. Continue Reading NIST Publishes the Cybersecurity Framework 2.0

Earlier this month, the New York Department of Financial Services (“NYDFS”) announced that it had finalized the Second Amendment to its “first-in-the-nation” cybersecurity regulation, 23 NYCRR Part 500.  This Amendment implements many of the changes that NYDFS originally proposed in prior versions of the Second Amendment released for public comment in November 2022 and

Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) released guidance on Security-by-Design and Security-by-Default principles for technology manufacturers that was jointly developed by the Federal Bureau of Investigation and the National Security Agency, as well as cybersecurity authorities in Australia, Canada, United Kingdom, Germany, Netherlands, and New Zealand.  While similar principles have been published in the past, such as those released by the U.S. Federal Trade Commission, this guidance builds on the White House’s recent roll-out of the U.S. National Cybersecurity Strategy and is in line with efforts to encourage a consistent, international approach to software security that emphasizes the responsibilities of software manufacturers across various jurisdictions.  While the guidance primarily focuses on recommendations for technology manufacturers, it also includes recommendations for enterprise customers to “hold their supplying technology manufacturers accountable for the security outcomes of their products.”  CISA and the authoring agencies are seeking feedback on the guidance, and indicated plans to hold future listening sessions to collect feedback. Continue Reading CISA Publishes International Guidance on Implementing Security-by-Design and Security-by-Default Principles for Software Manufacturers and Customers

On March 16, 2023, the Federal Energy Regulatory Commission (“FERC”) approved a new Reliability Standard “adding new requirements focused on supply chain risk management for low impact bulk electric system (“BES”) Cyber Systems.”  Continue Reading FERC Approves New Cybersecurity Requirements for Low Impact Bulk Electric Systems

On March 8, 2023, the United States Department of Health and Human Services (“HHS”), through the Administration for Strategic Preparedness and Response and the Health Sector Coordinating Counsel Joint Cybersecurity Working Group, released an updated version of its Cybersecurity Framework Implementation Guide (the “Guide”) “to help the public and private health care sectors prevent cybersecurity incidents.”  Specifically, the Guide aims to help healthcare organizations leverage the NIST Cybersecurity Framework to “determine their cybersecurity goals, assess their current cybersecurity practices, or lack thereof, and help identify gaps for remediation.”  Continue Reading HHS Releases Guidance to Help Healthcare Organizations Align with the NIST Cybersecurity Framework

On March 3, 2023, the United States Environmental Protection Agency (“EPA”) published a memorandum requiring states to evaluate the cybersecurity of operational technology used by public water systems (“PWSs”) “when conducting PWS sanitary surveys or through other state programs.”  EPA’s memorandum “interprets the regulatory requirements relating to the conduct of sanitary surveys to require that

On March 7, 2023, the United States Transportation Security Administration (“TSA”) announced the issuance of new cybersecurity requirements for airport and aircraft operators on an emergency basis.  “The new emergency amendment requires that impacted TSA-regulated entities develop an approved implementation plan that describes measures they are taking to improve their cybersecurity resilience and prevent disruption and degradation to their infrastructure.”Continue Reading TSA Issues New Cybersecurity Requirements for Airport and Aircraft Operators

The United States National Cybersecurity Strategy, released on March 2, 2023, is poised to place significant responsibility for cybersecurity on technology companies, federal contractors, and critical infrastructure owners and operators.  The Strategy articulates a series of objectives and recommended executive and legislative actions that, if implemented, would increase the cybersecurity responsibilities and requirements of these types of entities.  The overall goal of the Strategy is to create a “defensible, resilient digital ecosystem” where the costs of an attack are more than the cost of defending those systems and where “neither incidents nor errors cascade into catastrophic, systemic consequences.”  The Strategy outlines two fundamental shifts to how the federal government will attempt to allocate roles, responsibilities, and resources in cyberspace. Continue Reading White House Releases National Cybersecurity Strategy

On January 19, 2023, the National Institute of Standards and Technology (“NIST”) published a Concept Paper setting out “Potential Significant Updates to the Cybersecurity Framework.”  Originally released in 2014, the NIST Cybersecurity Framework (“CSF” or “Framework”) is a framework designed to assist organizations with developing, aligning, and prioritizing “cybersecurity activities with [] business/mission requirements, risk tolerances, and resources.”  Globally, organizations, industries, and government agencies have increasingly relied upon the Framework to establish cybersecurity programs and measure their maturity.  The NIST CSF was previously updated in 2018, and NIST now seeks public comment on the latest changes outlined in the Concept Paper.Continue Reading NIST Requests Comments on Potential Significant Updates to the Cybersecurity Framework

The New York Department of Financial Services (“NYDFS”) published the latest draft of its Proposed Second Amendment to its landmark Cybersecurity Regulation (23 NYCRR 500) on November 9, 2022.  The proposed second amendment comes after an initial comment period on an earlier-released draft amendment released on July 29, 2022.  NYDFS is accepting comments on the proposed second amendment through January 9, 2023. Continue Reading New York Department of Financial Services Proposed Second Amendment to Cybersecurity Regulation – Comments Close January 9, 2023