White House Pivots on Cyber: Voluntary Compliance Carrots Are Being Replaced By Big Regulatory Sticks | Wiley Rein LLP

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The White House released the long-anticipated National Cybersecurity Strategy on March 2, 2023 setting out five (5) pillars articulating key themes and Administration priorities. Coming more than two years into the Biden Administration, the strategy supersedes the last National Cyber Strategy, released by the Trump Administration in September 2018. Having been working in the cyber policy space for decades, we see major changes in store for the private sector as the Executive Branch implements this strategy, alongside the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) and updates to the NIST Framework for Improving Critical Infrastructure Cybersecurity.

The Biden Administration Moves To Regulatory Requirements To Address Cybersecurity

The overall message of the new National Cybersecurity Strategy is clear: the Biden Administration believes that the U.S. can no longer rely on voluntary collaboration and vigilance against cyber threats so the Administration must shift responsibility to industry through regulations when the market has allegedly failed to incentivize cybersecurity. That means we are moving from the public private partnership model into…

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