Cybersecurity

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Despite national efforts over the past decades, child sexual abuse material (CSAM) and online child sexual exploitation are still unfortunately prevalent. In 2023, the National Center for Missing and Exploited Children (NCMEC) received over 35.9 million reports of suspected CSAM.[1] This is more than a 20 percent increase over the previous three years. Notably, NCMEC’s 2023 report highlighted concern about the significant increase in reports involving generative artificial intelligence, noting that the Center received 4,700 reports of CSAM or other sexually exploitative content related to these technologies.Continue Reading New Minor Safety Obligations for Online Services: REPORT Act Expands Child Sexual Exploitation Reporting Requirements

The recent omnibus foreign relations package signed by President Biden on April 24, 2024, includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (the Act), a set of sweeping privacy provisions prohibiting data brokers from sharing sensitive personal information with a broad range of entities that may have ties to Russia, China, Iran, and North Korea. The Federal Trade Commission (FTC) will enforce these prohibitions and have the ability to seek civil penalties for violations. The provision takes effect 60 days after the date of enactment of the Act.Continue Reading New Federal Data Broker Restrictions Signed into Law

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU countries have until October 17, 2024, to transpose the new rules. As the deadline approaches, companies should assess the impact on their cybersecurity strategy. This alert summarizes the key obligations for businesses.Continue Reading NIS2: Preparing for EU’s New Cybersecurity Rules

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and their business associates (together, “regulated entities”). While the updated guidance from OCR seems intended to clarify, and even narrow, the circumstances under which regulated entities’ use of websites and mobile app tracking technologies constitutes a disclosure of Protected Health Information (PHI), it fails to provide clarity on the exact scope, rendering compliance challenging. We summarize the updates to the guidance below and analyze briefly how these updates may impact the use of tracking technologies on unauthenticated and authenticated webpages, and what companies may explore in terms of compliance.Continue Reading OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On February 28, 2024, President Biden signed Executive Order 14117 (the Order) aimed at protecting Americans’ sensitive personal data and U.S. Government-related data from exploitation by “countries of concern.” This move constitutes a transformative overhaul in the U.S. approach to data regulation and creates the foundation for a comprehensive regulatory structure governing U.S. data.Continue Reading New Executive Order Restricts Certain Cross-Border Transactions Involving Sensitive Personal Data of U.S. Citizens

In 2024, businesses will continue to face an evolving landscape of cyber threats, along with an increasingly complex regulatory environment. With heightened scrutiny from regulators, consumers, and investors, the need to bolster security measures and improve incident response capabilities has become even more important. Here’s our top 10 list of what to watch for from cybersecurity regulators in 2024:Continue Reading Cybersecurity: What to Watch for in 2024

Reflective of the Government’s increasing focus on cybersecurity, on October 3, 2023, the Federal Acquisition Regulation Council (FAR Council) released two new proposed rules that will have major impacts on federal contractors. These rules implement the May 2021 Executive Order on Improving the Nation’s Cybersecurity.1 One rule applies to any federal contractor that uses information and communications technology (ICT) systems in the performance of a federal contract, sets forth cybersecurity incident reporting requirements, and imposes a software bill of materials (SBOM) requirement. The other rule, which applies only to those federal contractors that provide or maintain a Federal Information System (FIS), is intended to standardize cybersecurity requirements for unclassified FISs.Continue Reading New Proposed Rules Published for Cyber Incident Reporting and Cybersecurity Requirements Will Have Major Impacts on Federal Contractors