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Jonathan Meyer is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office.

NIST’s new draft guidance, Special Publication 800-53B, Control Baselines for Information Systems and Organizations, provides important information on selecting both security and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.
Continue Reading NIST Issues Draft Guidance on Security and Privacy Control Baselines – SP 800-53B

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.
Continue Reading NIST Proposes Draft Enhanced Security Requirements for Protecting CUI

On Friday, May 29, the Cybersecurity and Infrastructure Security Agency (CISA) issued the first in a series of six Cyber Essentials Toolkits.  These toolkits are described as “bite-sized actions for IT and C-suite leadership to work toward full implementation of each Cyber Essential,” focused on building a company’s cyber readiness.
Continue Reading CISA Issues First Installment of Cyber Essentials

The FTC recently issued comments on how companies can use artificial intelligence tools without engaging in deceptive or unfair trade practices or running afoul of the Fair Credit Reporting Act. The FTC pointed to enforcement it has brought in this area, and recommended that companies keep in mind four key principles when using AI tools. While much of their advice draws on requirements for those that are subject to the Fair Credit Reporting Act (FCRA), there are lessons that may be useful for many.
Continue Reading FTC Provides Direction on AI Technology

Cybersecurity Maturity Model Certification (“CMMC”) v.1.0, after releasing several draft versions of the document over the past year. In an effort to enhance supply chain security, the CMMC sets forth unified cybersecurity standards that DOD contractors and suppliers (at all tiers, regardless of size or function) must meet to participate in future DOD acquisitions. Through the CMMC, DOD adds cybersecurity as a foundational element to the current DOD acquisition criteria of cost, schedule, and performance. We have previously discussed CMMC on our Government Contracts & Investigations Blog.
Continue Reading CMMC Version 1.0: Enhancing DOD’s Supply Chain Cybersecurity

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 the United States. According to reports, their desire is to respond proportionally, but not start a war, and they are contemplating multiple options, any subset of which they may implement.
Continue Reading Iran’s Imminent Cybersecurity Threat

The Department of Homeland Security Cybersecurity & Infrastructure Security Agency recently released its Cyber Essentials guide. Consistent with the NIST Cybersecurity Framework, these Cyber Essentials provide “a starting point to cyber readiness,” and are specifically aimed at small businesses and local government agencies that may have fewer resources to dedicate to cybersecurity.  The guide suggests a holistic approach for managing cyber risks, and is broken down into six “Essential Elements of a Culture of Cyber Readiness:” (1) Yourself; (2) Your Staff; (3) Your Systems; (4) Your Surroundings; (5) Your Data; and (6) Your Actions Under Stress. The final section of the guide provides a list of steps that can be taken immediately to increase organizational preparedness against cyber risks. These include backing up data, implementing multi-factor authentication, enabling automatic updates, and deploying patches quickly.
Continue Reading CISA Releases “Cyber Essentials” to Assist Small Businesses

In an ironic twist, the British Information Commissioner’s Office (ICO) recently fined a Brexit advocacy group for violating regulations issued under an EU directive.  The fines, totaling £120,000,  were levied against Leave.EU and a related insurance company, Eldon Insurance, for sending marketing emails to each other’s subscribers without sufficient consent.  Leave.EU had sent marketing emails to over 300,000 of Eldon’s customers, and the two entities had carried out unlawful joint marketing campaigns through Leave. EU’s mailing list. 
Continue Reading Talk About Ironic: Brexit Group Fined Under EU-Related Privacy Regulations

Citing cybersecurity concerns with a children’s smartwatch, the European Commission recently issued a recall of the device. The Safe-KID-One is a smartwatch that gives parents the ability to track and communicate with their children. According to the European Commission, security issues with the device could allow a hacker to access a user’s data, including location history, phone numbers and serial number. Additionally, the hacker could use the watch to “call another number of his choosing, can communicate with the child wearing the device or locate the child through GPS.” This is one of the first recalls of an internet of things device by the European Commission and puts device makers on notice that they should take cybersecurity seriously when designing new devices.
Continue Reading Cyber Concerns Lead to EU Recall of a Connected Kids Devices

In the aftermath of Equifax’s data breach, a federal court recently found that allegations of poor cybersecurity coupled with misleading statements supported a proper cause of action. In its decision, the U.S. District Court for the Northern District of Georgia allowed a securities fraud class action case to continue against Equifax. The lawsuit claims the company issued false or misleading statements regarding the strength and quality of its cybersecurity measures. In their amended complaint, the plaintiffs cite Equifax’s claims of “strong data security and confidentiality standards” and “a highly sophisticated data information network that includes advanced security, protections and redundancies,” when, according to the plaintiffs’ allegations, Equifax’s cybersecurity practices “were grossly deficient and outdated” and “failed to implement even the most basic security measures.” The court found that data security is a core aspect of Equifax’s business and that investors are likely to review representations on data security when making their investment decisions.
Continue Reading Court Finds Cybersecurity-Related Claims Sufficient in Securities Class Action

As the first month of 2019 comes to a close, it is clear that this year will be another busy one in the world of privacy. To help get a handle on what to worry about this year, it is helpful to look back on the privacy developments from 2018 and consider what will be recurring or new themes in the year to come. To help on this front, we have put together our comprehensive “year in review” bulletin. In this document, we’ve included all of the developments we reported on in 2018, in one handy spot. You can view the summary here. There were many themes that emerged, from biometrics to targeting, breach laws to breach enforcement, 2018 was a busy year in privacy. We expect 2019 to be equally packed with privacy developments.
Continue Reading Year In Review: Eye on Privacy 2018