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IoT Goes Federal under Newly Signed Law

Client Alert | 1 min read | 12.10.20

Last week, the President signed the Internet of Things (IoT) Cybersecurity Improvement Act into law, kicking off a multi-year process that will culminate in the first-ever federal requirements for IoT devices. Under the law, the National Institute of Standards & Technology (NIST) is now charged with drafting and finalizing security requirements for IoT devices, as well as guidelines for managing disclosures about those devices’ security vulnerabilities. In two short years, the federal government will then be prohibited from procuring IoT devices unless (1) the devices meet the pending NIST requirements; or (2) the devices are granted a formal waiver by an agency Chief Information Officer. In addition to creating yet another cybersecurity regime for the government contracting community, the law will create a new benchmark for consumer-facing companies to consider when assessing and complying with the growing number of states imposing their own “reasonable security” requirements for IoT devices.

Insights

Client Alert | 11 min read | 05.17.24

FTC Finalizes Modifications to Broaden the Applicability of the Health Breach Notification Rule

On April 26, 2024, the Federal Trade Commission (“FTC”) announced a final rule (“Final Rule”) modifying the Health Breach Notification Rule (“HBNR”). The Final Rule, which largely finalizes changes proposed in a Notice of Proposed Rulemaking published last year (“2023 NPRM”), broadens the scope of entities subject to the HBNR, including many mobile health applications (“apps”) and similar technologies, and clarifies that breaches subject to the HBNR include not only cybersecurity intrusions but also unauthorized disclosures, even those that are voluntary. The Final Rule will take effect 60 days after its publication in the Federal Register....