On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking (NPRM) implementing the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). For additional background on CIRCIA, see our prior advisory. CISA is required to issue a final rule by October 4, 2025. Who is required to report covered […]
National Security & Digital Crimes
China Releases Updated Regulations on Permits Needed for Transferring Data out of China
On March 22, 2024, the Cyberspace Administration of China (CAC) published the Regulations on Promoting and Regulating Cross-border Data Flow (the “Regulations”), effective immediately. The Regulations supplement China data protection laws (the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law), and take precedence over previously-issued data transfer rules, such as (a) […]
Article: Executive Order to Limit Sales of Americans’ Sensitive Data to Adversarial Foreign Governments
Peter Swire, Senior Counsel at Alston & Bird, has co-authored a detailed article in Lawfare, “Limiting Data Broker Sales in the Name of U.S. National Security: Questions on Substance and Messaging,” analyzing the Biden Administration’s new Executive Order issued yesterday. Swire’s article summarizes key aspects and impacts of the Executive Order, which is intended to […]
FBI and CISA Warn of Chinese Cyberattacks on U.S. Critical Infrastructure
Recently, there has been a surge in alerts and warnings concerning cyberattacks by People’s Republic of China (PRC) state-sponsored threat actors on U.S. critical infrastructure. On February 7, 2024, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA), along with the National Security Agency and their counterparts in Australia, Canada, […]
Declassified Intelligence Community Letters Highlight Importance of Monitoring Outbound Data Flows
On January 25, 2024, Senator Ron Wyden (D-OR) released documents that confirm U.S. intelligence agencies are purchasing location and other sensitive personal information from data brokers without the consent of the data subjects. The FTC has recently gone after data brokers who collect and sell the sensitive location data of consumers without their express consent, […]