A year after the COVID-19 pandemic hit the United States, it remains to be seen how the Biden Administration will approach enforcement against businesses who received pandemic relief through the
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Jonathan E. Meyer
Jonathan Meyer is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office.
IoT Legislation Passes Congress
Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently passed the Senate and is heading to the President’s desk. We have been following this legislation closely for the past two years, here and here. The bill passed in the Senate without amendment by unanimous consent.
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NIST Issues Long-Awaited Final Guidance on Security and Privacy Controls – SP 800-53
After many years of being in draft form, NIST recently released its final version of Revision 5 of Special Publication 800-53, Security and Privacy Controls for Information Systems and Organizations to address a need for a more proactive and systematic approach to cybersecurity. With the release of Revision 5, NIST hopes to provide updated security and privacy controls that will make information systems more penetration resistant, limit damages from cyber-attacks, make systems more cyber-resilient, and protect individuals’ privacy. NIST intends this update to be usable by a more diverse set of consumer groups than previous iterations of the document permitted.
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IoT Legislation Advances in Congress
Congress recently advanced legislation that directs the National Institute of Standards and Technology (NIST) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors. We previously reported on this legislation in April of 2019 when it was introduced in the House (H.R. 1668) and the Senate (S. 734). On September 14, 2020, the House of Representatives passed the legislation on a voice vote.
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NIST Issues Draft Guidance on Security and Privacy Control Baselines – SP 800-53B
NIST’s news draft guidance, Special Publication 800-53B, Control Baselines for Information Systems and Organizations, provides important information on selecting both security and privacy control baselines for the Federal Government. These control baselines are from NIST Special Publication 800-53 and have been moved to this separate publication “so the SP 800-53 [can] serve as a consolidated catalog of security and privacy controls regardless of how those controls [are] used by different communities of interest.” The new guidance addresses federal information systems and is applicable to information systems used or operated by an agency, a contractor on behalf of an agency, or another organization on behalf of an agency.
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NIST Proposes Draft Enhanced Security Requirements for Protecting CUI
NIST recently released the final public draft of SP 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information: A Supplement to NIST Special Publication 800-171 (formerly Draft NIST SP 800-171B). NIST is proposing additional security requirements for certain CUI in non-federal systems that is associated with critical programs or high value assets and is soliciting public comments through August 21, 2020.
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Key Provisions in the Senate Stimulus Bill
On March 25, 2020 the Senate passed a $2 trillion stimulus bill “[p]roviding emergency assistance and healthcare response for individuals, families and businesses affected by the 2020 coronavirus pandemic.” The House and the President are both expected to approve the Bill in short order. The Bill contains many provisions important to all companies, including government contractors. Sheppard Mullin’s Government Contracts, Investigations and International Trade Practice Group prepared a summary of the Bill, available here. In addition, for your reference, we are providing a section-by-section analysis from Capitol Hill, as well as the text of the bill itself. Do not hesitate to contact us with any questions about the legislation or its implementation.
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CMMC Version 1.0: Enhancing DOD’s Supply Chain Cybersecurity
On January 30, 2020, the Department of Defense (“DOD”) released its Cybersecurity Maturity Model Certification (“CMMC”) v.1.0, after releasing several draft versions of the document over the past year. …
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DoD’s Squeeze of Chinese Telecom Equipment Continues
At the end of 2019, the Department of Defense (“DoD”) took another step to limit the potential cyber risks posed by telecommunications equipment manufactured by Chinese companies (and potentially Russian…
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Iran’s Imminent Cybersecurity Threat
In response to the killing of Major General Qassim Suleimani, the government of Iran and its supreme leader, Ayatollah Ali Khamenei, have declared the country’s intention to strike back at…
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CISA Releases “Cyber Essentials” to Assist Small Businesses
On November 6, 2019, the Department of Homeland Security (“DHS”), Cybersecurity & Infrastructure Security Agency (“CISA”) released its Cyber Essentials guide. Consistent with the NIST Cybersecurity Framework, these Cyber…
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