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October 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy

By Susan B. Cassidy, Ashden Fein, Robert Huffman, Ryan Burnette, Matthew Harden & Kristen Chapman on November 22, 2024
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This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement the Cyber EO from June 2021 through September 2024.  This blog describes key actions taken to implement the Cyber EO, as well as the U.S. National Cybersecurity Strategy, during October 2024.  We discuss developments during October 2024 to implement President Biden’s Executive Order on Artificial Intelligence in a separate post. 

Cybersecurity Maturity Model Certification (“CMMC”) Program Final Rule Announced

On October 15, 2024, the U.S. Department of Defense (“DoD”) released the final CMMC Program Rule (“the Rule”). The Rule formally establishes the CMMC Program for DoD and will solidify CMMC as the governing program for measuring and validating DOD contractor compliance with  safeguarding requirements imposed on such contractors by the Federal Acquisition Regulation (“FAR”) and Defense Federal Acquisition Regulation Supplement (“DFARS”) for Federal Contract Information (“FCI”) and Covered Defense Information (“CDI”).  It is one of two complementary sets of regulations that, in combination, will govern operation of the Program and will impose new assessment and affirmation processes for all contractors to be eligible for certain contracts with DoD.  The Rule is set to become effective December 16, 2024, sixty days after publication.  Once the related DFARS rule is implemented, the CMMC Program will likely have a significant impact on defense contractors and subcontractors storing, processing, or transmitting FCI or CDI.  A more thorough discussion of the Rule is available in our October client alert. 

U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) Releases Guidance on Minimum Expectations for Software Bill of Materials (“SBOM”)

On October 15, 2024, CISA published SBOM guidance through the third edition of Framing Software Component Transparency: Establishing a Common Software Bill of Materials (SBOM) (dated September 3, 2024) (the “Guidance”).  The Guidance provides “a minimum expectation for creating a baseline SBOM.”  As CISA has noted, “[an SBOM] has emerged as a key building block in software security and software supply chain risk management.”  SBOMs are defined by CISA as “a formal record containing the details and supply chain relationships of various components used in building software.”  In light of the Government’s increasing interest in the use of SBOMs, both as evidenced through the reference to a requirement for SBOMs in the proposed FAR Cyber Threat and Incident Reporting and Information Sharing Rule (discussed here) and in the Office of Management and Budget’s Secure Software Development Framework (discussed here), the Guidance could help inform future SBOM minimum requirements for government contractors as well as the broader software supplier community.  A more thorough discussion of the new CISA guidance is available here.

Susan B. Cassidy

Ms. Cassidy represents clients in the defense, intelligence, and information technologies sectors.  She works with clients to navigate the complex rules and regulations that govern federal procurement and her practice includes both counseling and litigation components.  Ms. Cassidy conducts internal investigations for government…

Ms. Cassidy represents clients in the defense, intelligence, and information technologies sectors.  She works with clients to navigate the complex rules and regulations that govern federal procurement and her practice includes both counseling and litigation components.  Ms. Cassidy conducts internal investigations for government contractors and represents her clients before the Defense Contract Audit Agency (DCAA), Inspectors General (IG), and the Department of Justice with regard to those investigations.  From 2008 to 2012, Ms. Cassidy served as in-house counsel at Northrop Grumman Corporation, one of the world’s largest defense contractors, supporting both defense and intelligence programs. Previously, Ms. Cassidy held an in-house position with Motorola Inc., leading a team of lawyers supporting sales of commercial communications products and services to US government defense and civilian agencies. Prior to going in-house, Ms. Cassidy was a litigation and government contracts partner in an international law firm headquartered in Washington, DC.

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Photo of Ashden Fein Ashden Fein

Ashden Fein advises clients on cybersecurity and national security matters, including crisis management and incident response, risk management and governance, government and internal investigations, and regulatory compliance.

For cybersecurity matters, Mr. Fein counsels clients on preparing for and responding to cyber-based attacks, assessing…

Ashden Fein advises clients on cybersecurity and national security matters, including crisis management and incident response, risk management and governance, government and internal investigations, and regulatory compliance.

For cybersecurity matters, Mr. Fein counsels clients on preparing for and responding to cyber-based attacks, assessing security controls and practices for the protection of data and systems, developing and implementing cybersecurity risk management and governance programs, and complying with federal and state regulatory requirements. Mr. Fein frequently supports clients as the lead investigator and crisis manager for global cyber and data security incidents, including data breaches involving personal data, advanced persistent threats targeting intellectual property across industries, state-sponsored theft of sensitive U.S. government information, and destructive attacks.

Additionally, Mr. Fein assists clients from across industries with leading internal investigations and responding to government inquiries related to the U.S. national security. He also advises aerospace, defense, and intelligence contractors on security compliance under U.S. national security laws and regulations including, among others, the National Industrial Security Program (NISPOM), U.S. government cybersecurity regulations, and requirements related to supply chain security.

Before joining Covington, Mr. Fein served on active duty in the U.S. Army as a Military Intelligence officer and prosecutor specializing in cybercrime and national security investigations and prosecutions — to include serving as the lead trial lawyer in the prosecution of Private Chelsea (Bradley) Manning for the unlawful disclosure of classified information to Wikileaks.

Mr. Fein currently serves as a Judge Advocate in the U.S. Army Reserve.

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Photo of Ryan Burnette Ryan Burnette

Ryan Burnette advises clients on a range of issues related to government contracting. Mr. Burnette has particular experience with helping companies navigate mergers and acquisitions, FAR and DFARS compliance issues, public policy matters, government investigations, and issues involving government cost accounting and the…

Ryan Burnette advises clients on a range of issues related to government contracting. Mr. Burnette has particular experience with helping companies navigate mergers and acquisitions, FAR and DFARS compliance issues, public policy matters, government investigations, and issues involving government cost accounting and the Cost Accounting Standards.  Prior to joining Covington, Mr. Burnette served in the Office of Federal Procurement Policy in the Executive Office of the President, where he worked on government-wide contracting regulations and administrative actions affecting more than $400 billion dollars’ worth of goods and services each year.

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Matthew Harden

Matthew Harden is a litigation associate in the firm’s New York office and advises on a broad range of cybersecurity, data privacy, and national security matters, including cybersecurity incident response, cybersecurity and privacy compliance obligations, internal investigations, and regulatory inquiries.

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  • Posted in:
    Administrative, Government
  • Blog:
    Inside Government Contracts
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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