Alston & Bird Privacy, Cyber & Data Strategy Blog

Kellen Dwyer

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About Kellen Dwyer

Kellen Dwyer is partner and co-leader of Alston & Bird’s National Security & Digital Crimes practice. He previously served in the Justice Department in several cyber and national security roles. As an assistant U.S. attorney in the Eastern District of Virginia, he obtained a computer hacking indictment against Julian Assange and represented the United States at Assange’s extradition hearings in London.

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CISA Issues Request for Information Prior to Required CIRCIA Rulemaking

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On September 12, 2022, the Cybersecurity and Infrastructure Security Agency (CISA) issued a request for information (RFI) seeking input from stakeholders on the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). Signed by President Biden in March, CIRCIA requires CISA to develop and implement regulations requiring covered entities to report information about covered […]

DOJ Issues New Policy on CFAA Prosecutions

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Today, the Department of Justice (“DOJ”) updated its policy regarding charging violations under the Computer Fraud and Abuse Act (“CFAA”).  This is the first update to the DOJ’s policy since 2014, and it is effective immediately.  The policy states that all federal prosecutors who wish to charge cases under the CFAA must follow the new […]

Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

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At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine if the defendants’ cybersecurity compliance disclosures were materially incomplete and if any misstatements were knowingly made. On February 1, […]

Russia Arrests Suspected Members of REvil Ransomware Gang

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Russia’s Federal Security Service (“FSB”) issued a press release on January 14, 2022 claiming that it dismantled the REvil ransomware gang by arresting 14 suspected members and seizing computer equipment, luxury vehicles, bitcoin, and fiat currency valued at over $1 million. REvil is a notorious cybercriminal organization that claimed responsibility for a ransomware attack last […]

CISA Releases Warning of Destructive Malware Targeting Ukrainian Organizations

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On January 16, 2022, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) released a warning regarding destructive malware targeting Ukrainian organizations, including Ukrainian government agencies. The malware was found in multiple government, non-profit, and information technology organizations, all based in Ukraine. CISA’s warning comes on the heels of a separate targeted attack […]