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Cybersecurity: An Affirmative Defense to Ohio Data Breach Negligence Claims

Ohio is poised to lead the nation by incentivizing businesses to implement certain cybersecurity controls, which can be an affirmative defense to a data breach claim based on negligence. Under the proposed legislation, if a business is sued for negligently failing to implement reasonable information security controls resulting in a data breach, the business can assert its compliance with the cybersecurity control as an affirmative defense at trial.

For years we have counseled our clients to implement a comprehensive data … Read More

Small Defense Contractors – Are You Ready For NIST SP 800-171?

The Network Penetration Reporting and Contracting for Cloud Services Rule was the subject of two interim rules published Aug. 26, 2015 (80 FR 51739) and Dec. 30, 2015 (80 FR 81472), before being published as a final rule Oct. 21, 2016 (81 FR 72986), and clarified by DoD through answers to Frequently Asked Questions (FAQs), published Jan. 27, 2017.

The Rule requires that contractors “implement NIST SP 800-171, as soon as practical, but … Read More

Will the New DoD Cybersecurity Regulations Cause a New Wave of Protest Disputes?

The new DoD cybersecurity regulations require contractors to implement the security requirements specified by the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” not later than Dec. 31, 2017. DFARS, 252.204-7008(c)(1).

However, a contractor may propose to vary from the NIST SP 800-171 requirements under two circumstances. Under DFARS 252.204-7008(c)(2), a contractor may propose to vary from the security requirements specified by NIST SP 800-171 through a … Read More

Webinar Replay Now Available on the New Defense Department Cybersecurity Rules

The U.S. Department of Defense published its Network Penetration Reporting and Cloud Computing Services regulations as an interim rule in August 2015 and updated them in December 2015.  Watch this new webinar replay at your convenience to learn about the regulations, how they may impact your business, and the concerns of industry groups. Click HERE to watch the webinar in its entirety.

 … Read More

Did China’s Agreement Not to Steal U.S. Intellectual Property Influence the Defense Department’s Decision to Grant a Two-Year Extension for Contractors to Comply with NIST SP 800-171’s Guidelines for Protecting Controlled Unclassified Information?

China

On June 4, 2015, the Office of Personnel Management announced that personally identifiable information for 4 million current and retired U.S. Government employees had been breached. China was suspected of having facilitated the breach.

Two weeks later, after the number of data breach victims had risen to 14 million, the National Institute of Standards and Technology (NIST) published its new Guidelines for Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, NIST Special Publication 800-171.

We published our … Read More

Introduction to the New DoD Cyber Security Regulations

*This is the first post in a four-part series detailing steps to help contractors meet compliance obligations under the new cyber security regulations implemented by the Department of Defense (“DoD”) on Network Penetration Reporting and Contracting for Cloud Services. (Defense Federal Acquisition Regulation Supplement (“DFARS”) Parts 202, 204, 212, 239, and 252.)
Today’s post provides an introduction to the new DoD cyber security regulations.

Cloud securityThe DoD decided to implement the new cyber security regulations, and make them effective immediately upon … Read More

Government Contractors: New Obligations for Protecting Controlled Unclassified Information

New obligations are being imposed on government contractors for protecting Controlled Unclassified Information (CUI). The National Institute of Standards and Technology (NIST), which is responsible for developing information security standards and guidelines, recently published Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, NIST Special Publication 800-171, released June 2015. Contracting officers for federal agencies will impose the NIST recommended requirements for protecting the confidentiality of CUI:

  1. when the CUI is resident in nonfederal information systems and organizations;
  2. when
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