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Alexandra Bruer

Alexandra Bruer is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity and CFIUS Practice Groups.

As governments increasingly focus on cloud security and sovereignty, the European Commission (“EC”) is, through its proposal for a Cloud and AI Development Act (“CADA Proposal”), attempting to create a regime establishing “sovereignty” requirements on cloud computing service providers that can be procured by the public sector.  In our prior blog post, we discussed the proposed regime in greater detail.  This proposed regime shares some characteristics with U.S. regimes for government contractors.  However, while similarities exist, there are also meaningful differences.  Existing and potential government contractors providing cloud services and operating in both the United States and European Union (“EU”) may be interested in understanding how existing U.S. requirements compare to the CADA Proposal — which requirements carry across regimes and which requirements are net new.

In this blog post, we provide a brief overview of (1) the CADA Proposal and certain existing U.S. frameworks, namely (2) the U.S. foreign ownership, control, or influence (“FOCI”) regime and (3) the U.S. Federal Risk and Authorization Management Program (“FedRAMP”).  The overview is followed by a high-level comparison of these frameworks.

The comparison below focuses on the scope of the respective frameworks and their treatment of provider location, data residency, foreign-government access, and the potential for foreign control to affect service continuity.  This discussion focuses principally on the FedRAMP Rev. 5 framework.

Continue Reading A Comparison of the EU Cloud and AI Development Act Requirements Against the U.S. FOCI Regime and FedRAMP

This is the first blog in a series covering the Fiscal Year 2025 National Defense Authorization Act (“FY 2025 NDAA”).  This first blog will cover: (1) NDAA sections affecting acquisition policy and contract administration that may be of greatest interest to government contractors; (2) initiatives that underscore Congress’s commitment to strengthening cybersecurity, both domestically and internationally; and (3) NDAA provisions that aim to accelerate the Department of Defense’s adoption of AI and Autonomous Systems and counter efforts by U.S. adversaries to subvert them. …
Continue Reading President Biden signs the National Defense Authorization Act for Fiscal Year 2025

This is part of a series of Covington blogs on the implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken…

Continue Reading November 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy

On November 15, 2024, the Department of Defense (“DoD”) published a Notice of Proposed Rulemaking (“Proposed Rule”) entitled “Defense Federal Acquisition Regulation Supplement: Disclosure of Information Regarding Foreign Obligations.”  The Proposed Rule would impose new disclosure obligations on “Offeror[s]” (pre-award) and “Contractor[s]” (post-award) that are triggered in certain…

Continue Reading Department of Defense Publishes Notice of Proposed Rulemaking on Disclosure of Computer and Source Code to Foreign Entities