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Recently, the General Services Administration (“GSA”) announced its plan to upgrade its cybersecurity requirements in an effort to build upon the Department of Defense’s new cybersecurity requirements, DFAR Section 252.204-7012, that became effective on December 31, 2017. Continue Reading GSA to Upgrade Cybersecurity Requirements

On January 10, 2017, the National Institute of Standards and Technology (“NIST”) released proposed updates to the Framework for Improving Critical Infrastructure Cybersecurity (the “Cybersecurity Framework”). The proposed updates, which are found in Version 1.1 of the Cybersecurity Framework, are derived from feedback received by NIST regarding the first version, including from responses to a December 2015 request for information and discussions at a workshop held in April 2016. Continue Reading NIST Releases Proposed Updates to Cybersecurity Framework

On January 4, 2017, the National Institute of Standards and Technology (“NIST”) announced the final release of NISTIR 8062, An Introduction to Privacy Engineering and Risk Management in Federal Systems. NISTIR 8062 describes the concept of applying systems engineering practices to privacy and sets forth a model for conducting privacy risk assessments on federal systems. According to the NIST, NISTIR 8062 “hardens the way we treat privacy, moving us one step closer to making privacy more science than art.” Continue Reading NIST Releases Privacy Engineering and Risk Management Guidance for Federal Agencies

On November 14, 2016, the National Institute of Standards and Technology (“NIST”) published guidance on cybersecurity for internet-connected devices, Systems Security Engineering: Considerations for A Multidisciplinary Approach in the Engineering of Trustworthy Secure Systems (the “Guidance”). Citing “the continuing frequency, intensity, and adverse consequences of cyber-attacks,” the Guidance “addresses the engineering-driven perspective and actions necessary to develop more defensible and survivable systems.” Continue Reading NIST Issues Guidance on Cybersecurity for Internet-Connected Devices

The National Highway Safety Administration (“NHTSA”) recently issued non-binding guidance that outlines best practices for automobile manufacturers to address automobile cybersecurity. The guidance, entitled Cybersecurity Best Practices for Modern Vehicles (the “Cybersecurity Guidance”), was recently previewed in correspondence with the House of Representatives’ Committee on Energy and Commerce (“Energy and Commerce Committee”). Continue Reading NHTSA Releases New Automobile Cybersecurity Best Practices

On October 14, 2016, the National Highway Transportation Administration (“NHTSA”) indicated in a letter to Congress that it intends to issue new best practices on vehicle cybersecurity. This letter came in response to an earlier request from the House Committee on Energy and Commerce (“Energy and Commerce Committee”) that NHTSA convene an industry-wide effort to develop a plan to address vulnerabilities posed to vehicles by On-Board Diagnostics (“OBD-II”) ports. Since 1994, the Environmental Protection Agency has required OBD-II ports be installed in all vehicles so that they can be tested for compliance with the Clean Air Act. OBD-II ports provide valuable vehicle diagnostic information and allow for aftermarket devices providing services such as “good driver” insurance benefits and vehicle tracking. Because OBD-II ports provide direct access to a vehicle’s internal network; however, OBD-II ports are widely cited as the central vulnerability to vehicle cybersecurity. Continue Reading NHTSA Set to Release New Automobile Cybersecurity Best Practices

Recently, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) published two guidance documents related to HIPAA compliance. To help mobile app developers understand HIPAA compliance obligations, OCR published guidance on the use of mobile health apps (the “Health App Guidance”). OCR also released a crosswalk (the “Crosswalk”) that maps the National Institute of Standards and Technology (“NIST”) Framework for Improving Critical Infrastructure Cybersecurity Framework (the “NIST Cybersecurity Framework”) to the HIPAA Security Rule. Continue Reading HHS Releases Guidance on Health Apps and HIPAA Security Rule Crosswalk

On January 5, 2016, the Federal Trade Commission announced that dental office management software provider, Henry Schein Practice Solutions, Inc. (“Schein”), agreed to settle FTC charges that accused the company of falsely advertising the level of encryption it used to protect patient data. The proposed Agreement Containing Consent Order (“Consent Order”) stems from an FTC complaint that alleged the company engaged in unfair or deceptive acts or practices by falsely representing that the Dentrix G5 software used industry-standard encryption and helped dentists protect patient data in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Continue Reading FTC Settles with Dental Practice Software Provider over Charges of Misleading Consumers with Respect to Data Encryption

On December 30, 2015, the Department of Defense (“DoD”) issued a second interim rule (80 F. R. 81472) that extends the deadline by which federal contractors must implement the new cybersecurity requirements previously issued by the agency.  This extension pushes back the compliance deadline to December 31, 2017.

Continue Reading Defense Department Issues Interim Rule Extending Time for Federal Contractors to Comply with Cybersecurity Regulations