Archives: Cybersecurity

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CISA and MS-ISAC Release Joint Guide on Ransomware

On September 30, 2020, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Multi-State Information Sharing and Analysis Center (“MS-ISAC”) released a joint guide synthesizing best practices to prevent and respond to ransomware.  This guide was published the day before OFAC and FinCEN released their coordinated guidance on ransomware attacks that we previously summarized here. … Continue Reading

Coordinated OFAC and FinCEN Guidance on Ransomware Attacks Underscores the Regulatory Risk and Complexity of Paying a Ransom

Consistent with the U.S. Department of the Treasury’s ongoing focus on cyber-enabled financial crime, on October 1, 2020, two components of the Treasury Department’s Office of Terrorism and Financial Intelligence issued guidance on ransomware-related payments.  One, an advisory issued by the Office of Foreign Assets Control (“OFAC”), describes the significant U.S. sanctions risks of facilitating … Continue Reading

AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).… Continue Reading

FERC Requests Comments on Grid Cybersecurity Initiatives

In a new post on the Covington Energy & Environment Blog, our colleagues discuss the Federal Energy Regulatory Commission’s Notice of Inquiry on updating reliability standards related to cybersecurity, especially given the threat of a coordinated cyberattack targeting geographically distributed generation resources.  The Commission also issued a staff paper that suggests a framework for providing … Continue Reading

China Issued the Commercial Encryption Product Certification Catalogue and Certification

On May 11, 2020, the State Cryptography Administration (“SCA”) and the State Administration for Market Regulation jointly issued the Commercial Encryption Product Certification Catalogue (First Batch) (“Product Catalogue”) and the Commercial Encryption Product Certification Measures (“Certification Measures”) (the announcement is available here), taking effect immediately.   Prior to the adoption of the Encryption Law (see … Continue Reading

China Issues New Measures on Cybersecurity Review of Network Products and Services

On April 27, 2020, the Cyberspace Administration of China (“CAC”) and other eleven government agencies jointly released the final version of the Measures on Cybersecurity Review (“Measures”) (an official Chinese version of the Measures is available here).  These Measures will take effect on June 1, 2020. Under Article 35 of China’s Cybersecurity Law (“CSL”), operators … Continue Reading

IoT Update: FTC Settles with Smart Lock Manufacturer and Provides Guidance for IoT Companies

On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.”  The FTC alleged that these … Continue Reading

UK Supreme Court Rules That Supermarket Is Not Vicariously Liable For Data Breach Committed By Employee

On 1 April 2020, the UK Supreme Court handed down its ruling in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12.  The Court ruled that Morrisons was not vicariously liable for a data breach deliberately perpetrated by an employee.  The judgment is significant in that it overturned the decisions of the two lower … Continue Reading

COVID-19 Cybersecurity Advice: FTC and FBI Provide Guidance on Cybersecurity Scam Trends and Preventive Measures

In response to the COVID-19 outbreak, several U.S. government entities have released warnings about a rise in scams and fraudulent activity connected to the outbreak.  In a recent bulletin, the FBI warned of a rise in phishing emails, counterfeit treatments or equipment for COVID-19 preparedness, and fake emails from the Centers for Disease Control and … Continue Reading

New York SHIELD Act’s Reasonable Safeguard Requirements Became Effective on March 21st —Is Your Company Ready?

On March 21, 2020, the data security requirements of the New York SHIELD Act became effective.  The Act, which amends New York’s General Business Law, represents an expansion of New York’s existing cybersecurity and data breach notification laws.  Its two main impacts on businesses are: expanding data breach notification requirements under New York law; and … Continue Reading

Key COVID-19 Issues for Privacy and Cybersecurity Professionals

Covington experts on issues as varied as supply chain and other commercial contracts, employment, and insurance are supporting companies on the commercial implications of Coronavirus COVID-19.  But this blog post provides a brief overview of some of the key issues that privacy and cybersecurity professionals should have top of mind in dealing with response efforts.  … Continue Reading

European Commission Presents Strategies for Data and AI (Part 1 of 4)

On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI.  These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days.  Although the papers … Continue Reading

DoD Announces the Release of CMMC Version 1.0

Last Friday, the Department of Defense announced the release of Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”), which sets forth the cybersecurity requirements that contractors and suppliers must meet to participate in the Department’s supply chain.  A new post on Covington’s Inside Government Contracts blog discusses the release of Version 1.0 of the … Continue Reading

CISA Releases Cyber Readiness Recommendations for Small Business

Last week, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) released a set of cyber readiness recommendations for small businesses.  The recommendations, which CISA developed in collaboration with small businesses and state and local governments, are intended to assist smaller organizations in implementing organizational cybersecurity practices.  While not binding requirements, the … Continue Reading

China Enacts Encryption Law

On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020.  The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations.  In this blog post, we provide a few highlights of … Continue Reading

The U.S. Dept. of Defense Releases Public Draft of Cybersecurity Maturity Model Certification and Seeks Industry Input

On Friday, September 6, 2019, our Government Contracts practice posted an article on Inside Government Contracts about the U.S. Department of Defense’s recent release of its draft Cybersecurity Maturity Model Certification (“CMMC”) for public comment. The CMMC was created in response to growing concerns by Congress and within the U.S. Department of Defense over the … Continue Reading

China Releases Updated Draft Encryption Law for Public Comment

On July 5, 2019, China’s Standing Committee of the National People’s Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment.  The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime. The State Cryptography Administration (“SCA”) previously issued an initial draft of this law … Continue Reading

Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI

On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”). The … Continue Reading

UK Government’s Guide to Using AI in the Public Sector

On June 10, 2019, the UK Government’s Digital Service and the Office for Artificial Intelligence released guidance on using artificial intelligence in the public sector (the “Guidance”).  The Guidance aims to provide practical guidance for public sector organizations when they implement artificial intelligence (AI) solutions. The Guidance will be of interest to companies that provide … Continue Reading

NIST Announces and Seeks Public Comment on 800-171 Update and Related Documents

Today, Susan Cassidy, Ashden Fein, Moriah Daugherty, and Melinda Lewis posted an article on Inside Government Contracts about the June 19, 2019 announcement by the National Institute of Standards and Technology (“NIST”) of the long-awaited update to Special Publication (“SP”) 800-171 Rev. 1, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. The update includes separate but related documents: … Continue Reading

China Seeks Public Comments on Draft Regulation on Cybersecurity Review of Network Products and Services

On May 24, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures on Cybersecurity Review (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here). The comment period ends on June 24, 2019. The publication of these Draft Measures … Continue Reading

China Released Core National Standards, Updating Mandatory Cybersecurity Requirements under the Cybersecurity Multi-level Protection Scheme

On May 13, 2019, China’s State Administration for Market Regulation (“SAMR”) released three core national standards related to the country’s Cybersecurity Multi-level Protection Scheme (“MLPS”), describing technical and organizational controls that companies must follow when complying with MLPS-related obligations under the Cybersecurity Law (“CSL”).  These standards, which are commonly referred to as the “MLPS 2.0 … Continue Reading

China’s Ministry of Public Security Issues New Personal Information Protection Guideline

On April 19, 2019, China’s Ministry of Public Security (“MPS”) released the final version of its Guideline for Internet Personal Information Security Protection (互联网个人信息安全保护指南) (the “Guideline”).  A previous version of the Guideline was released for public comments on November 30, 2018. Under China’s Cybersecurity Law (the “CSL”), MPS is the key regulator tasked with protecting … Continue Reading

EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”).  The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here).  It sets out guidance to achieve a higher level of cybersecurity taking into account specific characteristics … Continue Reading
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