Archives: Cybersecurity

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NIST Releases Updated Draft of Cybersecurity Framework

On December 5, 2017, the National Institute of Standards and Technology (“NIST”) announced the publication of a second draft of a proposed update to the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework”), Version 1.1, Draft 2. NIST has also published an updated draft Roadmap to the Cybersecurity Framework, which “details public and private sector … Continue Reading

NIST Releases New Draft Publication Designed to Assist Contractors In Assessing Compliance with NIST SP 800-171

Ahead of the upcoming December 31, 2017 deadline for federal defense contractors to implement the security controls of National Institute of Standards and Technology (“NIST”) Special Publication 800-171 (“SP 800-171”), NIST has released a new draft publication designed to assist organizations in assessing compliance under SP 800-171, Draft Special Publication 800-171A, Assessing Security Requirements for … Continue Reading

White House Releases Vulnerability Equities Policy and Processes

The White House released on November 15, 2017 the Vulnerabilities Equities Policy and Process for the United States Government (“VEP”) — the process by which the Government determines whether to disseminate or restrict information about new, nonpublic vulnerabilities that it discovers.  This release was motivated by criticism following the allegations that significant cyber-attacks have exploited … Continue Reading

Top Tips and Traps for Cyber Insurance Buyers

By John G. Buchanan and Marialuisa S. Gallozzi Although the National Cybersecurity Awareness Month of October has come to a close, it is not too late for corporate counsel and risk managers to be thinking about cyber-risk insurance — an increasingly essential tool in the enterprise risk management toolkit. But a prospective policyholder purchasing cyber … Continue Reading

National Cybersecurity Awareness Month Q&A with Yan Luo

Yan Luo advises clients on a broad array of regulatory matters in connection with cybersecurity and data protection rules in China. With previous work experience in Washington, DC and Brussels before relocating to Beijing, Yan has fostered her government and regulatory skills in all three capitals. She is able to strategically advise international companies on … Continue Reading

National Cybersecurity Awareness Month Q&A with Ashden Fein

Ashden Fein’s Cybersecurity practice focuses on counseling clients who are preparing for and responding to cyber-based attacks on their networks, assessing their security controls and practices for the protection of data and systems, developing and implementing cybersecurity programs, and complying with federal and state regulatory requirements. Ashden has specifically been the lead investigator and crisis … Continue Reading

National Cybersecurity Awareness Month Q&A with Kristof Van Quathem

Kristof Van Quathem, special counsel in Covington’s Brussels office, advises clients on data protection, data security, and cybercrime matters. He has been specializing in this area for over fifteen years and covers the entire spectrum of advising clients on government affairs strategies, ranging from compliance advice on the adopted laws, regulations, and guidelines, to the … Continue Reading

Advisory Committee to the Congressional Internet Caucus Discusses Vulnerability Disclosures

Last week, the Advisory Committee to the Congressional Internet Caucus hosted “Hacking: What Color Is Your Hat? Vulnerability Disclosures and the Law,” a discussion on the importance of vulnerability disclosures to protect information systems and  the nation’s cyber security defenses, and how private and public actors can safely encourage vulnerability reporting.  Technology and security companies … Continue Reading

Deputy Attorney General Rod Rosenstein Warns Against Warrant-Proof Encryption

In a speech delivered at the United States Naval Academy on October 10, Deputy Attorney General Rod Rosenstein waded into the public debate between data privacy and law enforcement interests.  As part of a discussion moderated by former Covington cybersecurity attorney Jeff Kosseff, Rosenstein’s remarks discussed cyber issues facing law enforcement with a particular focus … Continue Reading

Cyber Risks in the Workplace: Managing Insider Threats

Today, one of the most critical risks a company can face is the cyber risks associated with its own employees or contractors.  Companies are confronting an increasingly complex series of cybersecurity challenges with employees in the workplace, including employees failing to comply with established cybersecurity policies, accidentally downloading an attachment containing malware or providing their … Continue Reading

Preparation and Practice: Keys to Responding to a Cyber Security Incident

In the immediate aftermath of discovering a cybersecurity incident, companies often face many questions and few answers amidst a frenzy of activity.  What happened?  What should we do now?  What legal risks does the company face, and how should it protect against them?  In this fast-paced environment, it can be difficult to coordinate the activity … Continue Reading

Five Factors Leading to Compromise

As long as there have been computers, there have been individuals who have been willing and able to compromise them.  It was true yesterday, it is true today and it will be true tomorrow.  In fact, the fundamental issues that lead to compromises, large and small, have been very consistent over the years.  They fall … Continue Reading

Kicking Off Cybersecurity Awareness Month

As Covington kicks off Cybersecurity Awareness Month with a series of weekly articles, preventative tips, and Q&As developed by our cybersecurity practice professionals, it’s worth recollecting how much our cybersecurity landscape has changed over the last twenty-plus years, and how the law has responded to these evolving challenges. Although the late 1990s saw the first … Continue Reading

EU Announces Major New Cybersecurity Plans

Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead.  In terms of ranking priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against … Continue Reading

Central Bank of Kenya Issues Guidance Note on Cybersecurity

On August 18, 2017, the Central Bank of Kenya (“CBK”) used its authority under Section 33(4) of the Banking Act to publish a Guidance Note on identifying and mitigating cyber risk.  The Guidance Note directs institutions licensed under the Banking Act (Cap. 488) (“Institutions”) to develop and implement a comprehensive set of program requirements to … Continue Reading

NIST Releases Fifth Revision of Special Publication 800-53

By Susan Cassidy, Jenny Martin, and Catlin Meade The National Institute of Standards and Technology (“NIST”) released on August 15, 2017 its proposed update to Special Publication (“SP”) 800-53.  NIST SP 800-53, which was last revised in 2014, provides information security standards and guidelines, including baseline control requirements, for implementation on federal information systems under … Continue Reading

A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017”

On August 1, 2017, a bipartisan group of Senators introduced legislation (fact sheet) that would establish minimum cybersecurity standards for Internet of Things (“IoT”) devices sold to the U.S. Government.  As Internet-connected devices become increasingly ubiquitous and susceptible to evolving and complex cyber threats, the proposed bill attempts to safeguard the security of executive agencies’ … Continue Reading

Department of Justice Releases Guidance for Vulnerability Disclosure Programs

Last week, the U.S. Department of Justice (“DOJ”) released a voluntary framework for organizations to use in the development of a formal program to receive reports of network, software, and system vulnerabilities, and to disclose vulnerabilities identified in other organizations’ environments.  This framework provides private entities a series of steps to establish a formal program … Continue Reading

New York DFS Publishes FAQs on New Cybersecurity Regulations

As our readers know, New York’s Department of Financial Services (“NY DFS”) released a draft of its new Cybersecurity Regulations on September 13, 2016, and the final version of the regulations went into effect on March 1, 2017 (23 NYCRR 500).  Among other things, the regulations require regulated entities to conduct cyber risk assessments and … Continue Reading

Cloud Security Alliance Releases Guidance for Securing Connected Vehicles

The increasing connectivity of vehicles has raised questions about how to maintain the security of connected vehicles.  In response, the Cloud Security Alliance released on May 25, 2017 a 35-page research and guidance report on Observations and Recommendations on Connected Vehicle Security.  The Cloud Security Alliance is a not-for-profit organization dedicated to promoting a secure … Continue Reading

White House Issues New Cybersecurity EO

On May 11, 2017, President Trump signed an Executive Order titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” (the “Order”).  The long-anticipated directive was issued months after the White House originally planned to release a cybersecurity order in February.  Since then, revised drafts of the order were circulated, including a version from February … Continue Reading

Working Effectively with Forensic Firms

Among the many issues that can give rise to the initial uncertainty of responding to a significant cybersecurity incident is a failure by incident response team members to understand the perspectives and priorities of other stakeholders. But this complicating factor can readily be mitigated through cross-functional education and relationship building before an incident occurs. In … Continue Reading

China Releases Final Regulation on Cybersecurity Review of Network Products and Services

Today, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here).  The issuance of the Measures marks a critical first step toward implementing China’s Cybersecurity Law (“the … Continue Reading
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