Archives: Cybersecurity

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NIST Seeks to Assist Contractors in Assessing SP 800-171 Compliance

Late last month, the National Institute of Standards and Technology (“NIST”) released a set of documents for public comment that are aimed at helping contractors assess and implement compliance with NIST Special Publication (“SP”) 800-171, which establishes the standards for protecting Covered Defense Information (“CDI”), among other forms of Controlled Unclassified Information (“CUI”). First, NIST … Continue Reading

DHS Cybersecurity Legislation Advances Through Capitol Hill

Earlier this week, both chambers on Capitol Hill took steps that would increase the Department of Homeland Security’s (DHS) role in the area of cybersecurity.  On the Senate side, the Senate Homeland Security and Governmental Affairs Committee approved a DHS reauthorization bill that included amendments to rename and reorganize the DHS National Protection and Programs … Continue Reading

Latest NIST Draft Report a Call to Action for Federal Agencies and Private Companies

Inflection Point for IoT In a relatively short amount of time, the adoption of the Internet of Things (IoT) and its applications — from smart cars to the myriad of interconnected sensors in the General Service Administration building reminiscent of HAL 9000 from 2001: A Space Odyssey — has rapidly proliferated, providing significant opportunities and … Continue Reading

DFARS Cyber Rule – What Questions Should Contractors Ask Themselves in the New Year?

[The referenced article was originally published in Law360.] Since August 2015, defense contractors have been on notice that they were required to implement the security controls in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-171 no later than December 31, 2017 on covered contractor information systems. Although the focus has been on meeting … Continue Reading

NIST Holds Webcast to Discuss Updates to Cybersecurity Framework

On December 20, 2017, the National Institute of Standards and Technology (“NIST”) held a live webcast to discuss the draft updates to the Framework for Improving Critical Infrastructure Cybersecurity (“the Cybersecurity Framework”) and the Roadmap for Improving Critical Infrastructure Cybersecurity (“the Roadmap”). Although the webcast is not currently available online, NIST plans to publish a … Continue Reading

NIST Releases Updated Draft of Cybersecurity Framework

On December 5, 2017, the National Institute of Standards and Technology (“NIST”) announced the publication of a second draft of a proposed update to the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework”), Version 1.1, Draft 2. NIST has also published an updated draft Roadmap to the Cybersecurity Framework, which “details public and private sector … Continue Reading

NIST Releases New Draft Publication Designed to Assist Contractors In Assessing Compliance with NIST SP 800-171

Ahead of the upcoming December 31, 2017 deadline for federal defense contractors to implement National Institute of Standards and Technology (“NIST”) Special Publication 800-171 (“SP 800-171”), NIST has released a new draft publication designed to assist organizations in assessing compliance under SP 800-171, Draft Special Publication 800-171A, Assessing Security Requirements for Controlled Unclassified Information (“CUI”) … Continue Reading

DoD Class Deviations Allow for Greater Contracting Flexibility in Times of Crisis

The Department of Defense (“DoD”) has issued two Class Deviations that provide defense agencies with greater flexibility when procuring in times of crisis. These Class Deviations allow for the use of simplified acquisition procedures and excuse certain procurement obligations when DoD is responding to a cyber-attack or providing relief in support of domestic or international … Continue Reading

DoD Issues Further Guidance on Implementation of DFARS Cyber Rule

On September 21, 2017, the Director of the Defense Pricing/Defense Procurement and Acquisition Policy (DPAP) issued guidance to Department of Defense (DoD) acquisition personnel in anticipation of the December 31, 2017 date for contractors to implement the security controls of NIST Special Publication (SP) 800-171.  The guidance outlines (i) ways in which a contractor may … Continue Reading

NIST Releases Fifth Revision of Special Publication 800-53

The National Institute of Standards and Technology (“NIST”) released on August 15, 2017 its proposed update to Special Publication (“SP”) 800-53. NIST SP 800-53, which was last revised in 2014, provides information security standards and guidelines, including baseline control requirements, for implementation on federal information systems under the Federal Information Systems Management Act of 2002 … Continue Reading

A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017”

On August 1, 2017, a bipartisan group of Senators introduced legislation (fact sheet) that would establish minimum cybersecurity standards for Internet of Things (“IoT”) devices sold to the U.S. Government. As Internet-connected devices become increasingly ubiquitous and susceptible to evolving and complex cyber threats, the proposed bill attempts to safeguard the security of executive agencies’ … Continue Reading

Highlights from DoD Industry Day on DFARS Cyber Rule

The Department of Defense (“DoD”) held an “Industry Information Day” on June 23, 2017 to address questions regarding DFARS Case 2013-D018 “Network Penetration and Reporting for Cloud Services,” including DFARS clauses 252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting” and 252.239-7010 “Cloud Computing Services.”   DoD’s presentation lasted approximately four hours and covered a wide range of … Continue Reading

USSC Issues RFP For Report On Supply Chain IT Vulnerabilities From China

On May 11, 2017, the U.S. China Economic and Security Review Commission (“Commission”) issued a Request for Proposal to “to provide a one-time unclassified report on supply chain vulnerabilities from China in U.S. federal information technology (IT) procurement.” Congress established the Commission in 2000 to monitor and report to Congress on the national security implications … Continue Reading

DoD Further Clarifies Its DFARS Cybersecurity Requirements

On January 27, 2017, the Department of Defense (DoD) issued an updated Frequently Asked Questions (FAQ) regarding the application and requirements of DFARS 252.204.7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Though questions remain regarding various nuances of the rule, the FAQ is a helpful document for those contractors still working on implementation of … Continue Reading

More Cybersecurity Changes Expected for Contractors in 2017

In 2016, the dangers presented by an increasingly digital world clearly were on display. A cyber-attack using an army of Internet of Things devices interfered with the operations of major commercial websites. And the Presidential Election was plagued with allegations of state-sponsored cybersecurity hacking (for which the Obama Administration just issued sanctions against the Russian … Continue Reading

Cybersecurity Update: DoD Releases Long-Awaited Final Rule

On October 21, 2016, the Department of Defense (DoD) issued its long-awaited Final Rule—effective immediately—imposing safeguarding and cyber incident reporting obligations on defense contractors whose information systems process, store, or transmit covered defense information (CDI). The Final Rule has been years in the making and is the culmination of an initial rule issued in November … Continue Reading

DoD Finalizes Rule on Policies for Cyber Incident Reporting

On October 4th, the Department of Defense (DoD) issued a Final Rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors who have “agreements” with DoD.  The Final Rule also highlights DoD’s desire to encourage greater participation in the voluntary Defense Industrial Base (DIB) cybersecurity information sharing program.  This Rule is effective on … Continue Reading

NARA Sets the Stage for a Final FAR Cyber Clause

On September 14, 2016, the National Archives and Record Administration (“NARA”) issued a Final Rule, effective November 13, 2016, establishing cross-agency practices and procedures for safeguarding, disseminating, controlling, destroying, and marking Controlled Unclassified Information (CUI).  Although the Final Rule only applies directly to executive branch agencies that designate or handle information that meets the standards … Continue Reading

DOD Final Rule Addresses Source Requirements and Cost Recovery for Use of Counterfeit Electronic Parts

Supply chain protection has been a point of increasing emphasis by the Government and especially the Department of Defense (“DoD”) in recent years. In no area is this more true than ensuring that Government systems and equipment are free from counterfeit electronic parts, which can raise both security and defect concerns. DoD has accordingly taken several steps, many of which have taken the form of new requirements on contractors, to protect against counterfeit electronic parts. With these requirements has come added risk to contractors that even mistakenly use electronic parts in the goods they sell to DoD. However, an August 30, 2016, final DFARS rule (implemented at DFARS 2301.205-71) seeks to mitigate some of this risk by allowing contractors to recover the cost of replacing counterfeit electronic parts, as long as the contractor has taken certain steps to prevent the use of such parts.… Continue Reading

Final FAR Cyber Rule Issued on Basic Safeguarding Requirements

On May 16, 2016, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a Final Rule to add a new subpart and contract clause (52.204-21) to the Federal Acquisition Regulation (FAR) “for the basic safeguarding of contractor information systems that process, store, or transmit Federal contract … Continue Reading

DHS Seeking Input on ISAO Standards

The Department of Homeland Security (DHS) has announced a public meeting on May 18-19, 2016 to “discuss and debate Voluntary Standards for Information Sharing and Analysis Organizations (ISAOs) as they relate to” Executive Order 13691 (EO 13691).  See 81 Fed. Reg. 23506.  This meeting follows the recent passage of the Cybersecurity Act of 2015, which … Continue Reading

DoD IG Report Reveals Ongoing Struggles in IT-Acquisition Reform

IT-acquisition reform remains an area of ongoing concern for Federal agencies and government contractors.  Indeed, as we previously discussed, the GAO has added IT Acquisitions and Operations to its bi-annual list of programs it identifies as posing a high risk for fraud, waste, abuse, and mismanagement.  Strengthened by Congress’ passage in December 2014 of the … Continue Reading

President Obama Unveils Cybersecurity National Action Plan and Issues Two New Executive Orders Directed at Cybersecurity and Privacy Concerns

President Obama unveiled on February 9, 2015 his Cybersecurity National Action Plan (CNAP), a combination of near-term actions and long-term strategy to “enhance cybersecurity awareness and protections, protect privacy, maintain public safety as well as economic and national security, and empower Americans to take better control of their digital security.”  In conjunction with this unveiling, … Continue Reading