Double Whammy: NIST Unveils Draft Enhanced Security Requirements and Revisions to NIST SP 800-171
Client Alert | 1 min read | 06.21.19
The National Institute of Standards and Technology (NIST) has released drafts of NIST SP 800-171 Revision 2 and a companion standard NIST SP 800-171B, designed to protect Controlled Unclassified Information (CUI) from advanced persistent threats (APTs). 800-171B details 33 “enhanced” controls, reflecting core principles of penetration resistance, damage-limiting operations, and resiliency. Specific controls include those related to segregation, hunt teams, AI-enabled tools, IoT security, and supply chain – some of which arguably do not have firm industry definitions.
Unlike the non-substantive updates to Revision 2, 800-171B will apply only to contractors handling CUI that the government determines is part of a “critical program” or is a “high value asset.” A cost estimate from the Department of Defense – expected to quickly implement 800-171B – anticipates that less than one percent of its contractors will be impacted but that (allowable) costs could exceed $1 million.
Comments for all three documents are due July 19, 2019.
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On February 28, the Department of Health and Human Services (HHS) announced that it was rescinding the Richardson Waiver, a policy in place since 1971 which said HHS would provide notice of proposed rulemaking in certain cases where it was not otherwise required to do so by law. This announcement signals a policy shift for the agency and suggests that where permitted by law, HHS will generally now issue rules relating to “agency management or personnel or to public property, loans, grants, benefits, or contracts” without providing notice and comment to stakeholders, and may otherwise find good cause to forego notice and comment procedures.
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