Following up on the recent release by the New York Department of Financial Services (“NYDFS”) of an updated Proposed Second Amendment to its “first-in-the-nation” Cybersecurity Regulation, 23 NYCRR Part 500 (Proposed Second Amendment released June 28, 2023), it is not too late for companies to submit comments on the most
Continue Reading Proposed Second Amendment to NYDFS Cybersecurity Regulations: Comments Due August 14
SEC to Consider Cyber Rules Next Week
According to a recently-released meeting agenda, the Securities and Exchange Commission’s (“SEC”) upcoming July 26, 2023 meeting will include consideration of adopting rules to enhance disclosures regarding cybersecurity risk management, governance, and incidents by publicly traded companies.
The SEC initially proposed these rules in March 2022. If adopted as
Continue Reading SEC to Consider Cyber Rules Next WeekWhite House Releases Implementation Plan for the National Cybersecurity Strategy
On July 13, 2023 the White House issued the National Cybersecurity Strategy Implementation Plan (“NCSIP”). The NCSIP identifies 65 initiatives – to be led by 18 different departments and agencies – that are designed as a roadmap for implementing the U.S. National Cybersecurity Strategy released earlier this year. This is the first iteration of the plan, which is intended to be an evolving document that the Administration plans to update annually. Consistent with the Strategy, the NCSIP contemplates five broad lines of effort (“pillars”):
- Defending critical infrastructure;
- Disrupting and dismantling threat actors;
- Shaping market forces to drive security and resilience;
- Investing in a resilient future; and
- Forging international partnerships to pursue shared goals.
Among the many initiatives, the Administration has outlined several specific efforts over the next three years that will be of interest to technology companies, federal contractors, and critical infrastructure owners and operators.Continue Reading White House Releases Implementation Plan for the National Cybersecurity Strategy
Update on SEC’s Cybersecurity Rules
Earlier this week, the Securities and Exchange Commission (“SEC”) published an update to its rulemaking agenda indicating that two previously-proposed cyber rules might not be approved until October 2023 (although the agenda’s timeframe is an estimate and the rules could be finalized sooner, or later). The proposed rules in question
Continue Reading Update on SEC’s Cybersecurity RulesDOJ, FTC, CFPB, and EEOC Statement on Discrimination and AI
On April 25, 2023, four federal agencies — the Department of Justice (“DOJ”), Federal Trade Commission (“FTC”), Consumer Financial Protection Bureau (“CFPB”), and Equal Employment Opportunity Commission (“EEOC”) — released a joint statement on the agencies’ efforts to address discrimination and bias in automated systems. Continue Reading DOJ, FTC, CFPB, and EEOC Statement on Discrimination and AI
NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers
The New York City Department of Consumer and Worker Protection (“DCWP”) recently issued a Notice of Adoption of Final Rule (“Final Rule”) relating to the implementation of New York City’s law regulating the use of automated employment decision tools (“AEDT”) by NYC employers and employment agencies.
NYC’s Local Law 144 now takes effect on July 5, 2023. As discussed in our prior post, Local Law 144 prohibits employers and employment agencies from using certain Artificial Intelligence (“AI”) tools in the hiring or promotion process unless the tool has been subject to a bias audit within one year prior to its use, the results of the audit are publicly available, and notice requirements to employees or job candidates are satisfied.
The issuance of DCWP’s Final Rule follows the prior release of two sets of proposed rules in September 2022 and December 2022. The Final Rule’s most significant updates from the December 2022 proposal include an expansion of the definition of AEDTs and modifications to the requirements for bias audits. Key provisions of the Final Rule are summarized below.Continue Reading NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers
CISA Publishes International Guidance on Implementing Security-by-Design and Security-by-Default Principles for Software Manufacturers and Customers
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
FERC Approves New Cybersecurity Requirements for Low Impact Bulk Electric Systems
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
CISA Releases Revised Cybersecurity Performance Goals for Critical Infrastructure
On March 21, 2023, the United States Cybersecurity and Infrastructure Security Agency (“CISA”) announced the issuance of updated Cybersecurity Performance Goals (“CPGs”). The CPGs, which were originally released in October 2022, are intended to establish a set of fundamental cybersecurity practices to be voluntarily implemented by critical infrastructure owners and operators across all critical infrastructure sectors. The CPGs apply to both information technology (“IT”) and operational technology (“OT”) and are designed to reduce risk related to known, high-impact cyber threats and adversarial tactics, techniques, and procedures (“TTPs”).Continue Reading CISA Releases Revised Cybersecurity Performance Goals for Critical Infrastructure
EPA Requires States to Address the Cybersecurity of Public Water Systems
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
Continue Reading EPA Requires States to Address the Cybersecurity of Public Water Systems