On December 6, 2024, the United States Court of Appeals for the D.C. Circuit upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“Act”). The Act, signed into law by President Biden on April 24, 2024, prohibits the “distribution or maintenance” in the U.S. of applications controlled by ByteDance, TikTok’s China-based […]
Cybersecurity
Department of Homeland Security Releases Recommended Framework for AI in Critical Infrastructure
On November 14, 2024, the Department of Homeland Security (“DHS”) announced a set of voluntary recommendations called the “Roles and Responsibilities Framework for Artificial Intelligence in Critical Infrastructure” (“Framework”). Recognizing the severe consequences associated with disruption to the nation’s critical infrastructure, DHS released the framework to address certain risks associated with the use of AI […]
Summary of Changes from DoD CMMC Proposed Rule to Final Rule
On October 11, 2024, the Department of Defense (“DoD”) issued its Final Program Rule for the Cybersecurity Maturity Model Certification (“CMMC”) Program. The Final Rule is a signal to federal contractors to develop compliance programs pertaining to CMMC in advance of the implementation of CMMC (likely next year). The CMMC program is designed to ensure […]
SEC 2025 Examination Priorities Indicate Sustained Focus on Cybersecurity & Data Protection
The SEC has released its Examination Priorities: Fiscal Year 2025 (“Examination Priorities”), which may be a useful roadmap to SEC-registered investment advisers, exchanges, and other entities subject to routine examination by the SEC Division of Examinations (“EXAMS”). The Examination Priorities represent the EXAMS Staff’s identification of areas of heightened risks to investors and/or the integrity […]
Forthcoming UK Cyber Security and Resilience Bill to Boost the UK’s Cyber Defenses
In the July 2024 King’s Speech, the UK government announced its intention to introduce a Cyber Security and Resilience Bill (the “Bill”) to improve the UK’s cyber defenses and protect essential public services. The announcement comes as companies and countries increasingly face attacks by cyber criminals and state actors, sometimes disrupting public services and infrastructure. […]