On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most of the government contractor community. Every contractor who handles sensitive data such as Controlled Unclassified Information (CUI) or Federal Contract Information (FCI) during DoD contract performance will be covered by this regulation. While the CMMC program builds upon the security requirements included in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, CMMC will bring greater scrutiny to contractors’ cybersecurity compliance and potentially greater consequences for failure to comply in the era of the Department of Justice’s Civil Cyber Fraud Initiative and False Claims Act litigation. If finalized as proposed, the rule will significantly impact the CMMC regime, notably by requiring senior company officials to complete an affirmation for every CMMC level self-assessed or certified, thus increasing legal compliance risks.Continue Reading DoD’s New Year Resolution: A Cybersecurity Maturity Model Certification Program (CMMC) Proposed Rule
Maida Oringher Lerner
Maida Lerner is senior counsel in Crowell & Moring's Washington, D.C. office and a part of the firm's Privacy & Cybersecurity, Government Contracts, and Environment & Natural Resources groups. Maida counsels a broad group of clients in a variety of sectors on cyber and physical security compliance and risk management, homeland security, and administrative matters, including trade associations and companies in the pipeline, transportation, government contracts, education, health care, and manufacturing sectors.
California Privacy Rights Act Enforcement Delayed
In a June 30, 2023 decision by the Superior Court of California, County of Sacramento, the Court issued a ruling delaying agency enforcement of final regulations under the California Privacy Rights Act (CPRA) until March 2024. Calfornia Chamber of Commerce v. California Privacy Protection Act, Case No. 34-2023-80004106-CU-WM-GDS (Sacramento Superior Court, June 30, 2023)…
DoD Digs In Its Cyber “SPRS”: New Solicitation Provision Requires Contracting Officers to Consider SPRS Risk Assessments
On March 22, 2022, the Department of Defense (DoD) issued a final rule requiring contracting officers to consider supplier risk assessments in DoD’s Supplier Performance Risk System (SPRS) when evaluating offers. SPRS is a DoD enterprise system that collects contractor quality and delivery performance data from a variety of systems to develop three risk assessments:…
Biden Administration Releases Comprehensive National Cybersecurity Strategy
On March 2, 2023, the Biden Administration released the 35-page National Cybersecurity Strategy (the “Strategy”) with a goal “to secure the full benefits of a safe and secure digital ecosystem for all Americans.”
Summary and Analysis
The Strategy highlights the government’s commitment to investing in cybersecurity research and new technologies to protect the nation’s security…
Cyber and Physical Attacks on the Electric Grid Should Prompt New Year’s Resolutions for the Energy Industry
This has not been a joyful winter for energy industry executives. They have repeatedly awoken to alerts that substations in the Northwest and Southeast have been physically attacked and that a major engineering firm was the subject of a ransomware cyberattack that may have compromised utility data.
Federal regulators are taking notice. On December 7…
Going Hard on Software: OMB Unveils Mandatory Software Supply Chain Security Compliance Requirements
Yesterday, the Office of Management and Budget (OMB) released Memorandum M-22-18, implementing software supply chain security requirements that will have a significant impact on software companies and vendors in accordance with Executive Order 14028, Improving the Nation’s Cybersecurity. The Memorandum requires all federal agencies and their software suppliers to comply with the NIST…
No Summer Break for Cyber: Newly Unveiled CMMC Assessment Process Provides Industry with Upcoming Assessment Insights
After much anticipation, the Cyber AB, formerly known as the Cybersecurity Maturity Model Certification (CMMC) Accreditation Body, recently released its pre-decisional draft CMMC Assessment Process (CAP). The CAP describes the overarching procedures and guidance that CMMC Third-Party Assessment Organizations (C3PAOs) will use to assess entities seeking CMMC certification. The current version of the CAP applies…
Energy Cybersecurity Act of 2019
Aiming to identify, enhance, and test supply chain vulnerabilities in the energy sector and cybersecurity response capabilities between public and private sectors, the U.S. Senate Committee on Energy & Natural Resources approved legislation that directs the Department of Energy (DoE) to create several new programs towards the development of “advanced cybersecurity applications and technologies” for the sector.[1] The Energy Cybersecurity Act of 2019 (the Act) directs DoE to establish programs that identify supply chain vulnerabilities and expand Federal cooperation and coordination for responses to cyber threats.
If passed, the Act will require the DoE to:Continue Reading Energy Cybersecurity Act of 2019
No More “Wait & See” for CMMC: DoD Releases Final Cybersecurity Maturity Model Certification
The Department of Defense (DoD) has released Version 1.0 of the Cybersecurity Maturity Model Certification (CMMC), Appendices A-F, and an Overview Briefing. While Version 1.0 largely mirrors the draft Version 0.7, the final version includes notable revisions. Please click here to see the full client alert.
SAFETY ACT LIABILITY PROTECTIONS WILL BE TESTED
After over a decade, the first action has been filed that may test the bounds of the Support Anti-Terrorism by Fostering Effective Technologies Act (“SAFETY Act”) of 2002. MGM Resorts International recently filed suit related to the October 2017 Mandalay Bay country music concert shooting, asking a federal court to rule that it cannot be…