Increasing and disruptive cyberattacks on government and private networks have heightened the need for businesses to address cybersecurity, network security, and privacy. High profile data breaches bring increased scrutiny of corporate policies, practices, and disclosures. This is a rapidly shifting area, with emerging standards and best practices, federal cybersecurity legislation, several Presidential Executive Orders, and varied multi-stakeholder processes underway in the Executive branch. Companies must protect their assets and reputations, but also work to ensure that government policies are properly focused and do not do more harm than good.
Agencies across the federal government have been engaged, including the Department of Homeland Security (DHS), Federal Trade Commission (FTC), Federal Communications Commission (FCC), U.S. Department of Justice (DOJ), National Institute of Standards and Technology (NIST), General Services Administration (GSA), U.S. Department of Defense (DOD), and the U.S. Department of Commerce (DOC). A variety of public-private partnerships are also working on cybersecurity and network security.
Key concerns have been: encouraging the private sector to step up defenses, increasing information sharing with the government, and improving public-private partnerships to protect the nation's digital infrastructure. Ongoing government efforts will have significant impacts on corporate activities, risk management, and business plans, both nationally and internationally.
Because clients' needs vary, Wiley Rein draws from expertise across the firm to provide the full spectrum of services related to cybersecurity, network security and data security. We continually monitor current and developing domestic and international initiatives in this area and leverage our knowledge and experience to assist large and small clients in every industry.
Data Security & Privacy | Information & Communication Technology Security Policy | Contact Us
Data Security & Privacy
Information security and related privacy issues have become a critical component of the overall national security debate, and are now on the minds of corporate leaders seeking to manage risk.
Wiley Rein counsels national and international clients about privacy and data security issues. We represent domestic and international businesses, as well as major trade associations, in many sectors, including communications, Internet portals, health care and insurance, financial services, online advertising, biometrics, information security, manufacturing, retailing, franchising, and distribution.
We counsel clients on their data protection obligations and best practices. We conduct privacy audits to allow companies to assess where their business activities intersect with security and privacy concerns. We advise businesses on compliance, risk management, and business strategy issues, including the challenges raised by cross-border dataflows in an increasingly interconnected global economy. This includes creation and review of corporate IT, security, and privacy policies, consumer-facing disclosures, vendor agreements, and other tools for managing risk.
We advise companies about FTC and other cybersecurity requirements, including obligations unique to the government contracting space, which promise to impact more businesses and industries. We also assist in litigation and enforcement efforts, and in data breach response.
Security and privacy challenges also arise when companies receive requests for assistance from the government. Governments in the United States and abroad are asking questions and requiring companies to support surveillance requests, necessitating a review of privacy, security, and confidentiality policies. These government agencies can seek a wide range of corporate and personal information, and companies need to know the ins and outs of what the law requires and permits.
We have regularly addressed for clients the legal issues relating to the interception and disclosure of the contents and records of telecommunications as well as Customer Proprietary Network Information (CPNI). Our attorneys have counseled clients on the applicability of the Foreign Intelligence Surveillance Act (FISA), the Wiretap Act, the Electronic Communications Privacy Act (ECPA), and other federal privacy statutes.
Information & Communication Technology Security Policy
Our attorneys are actively involved in developing privacy and security policy in Congress, regulatory agencies, and overseas. Wiley Rein has regularly counseled businesses on information and communication technology security issues and helped shape the government’s technology policies, including procurement and technology management policies.
We have represented companies and entire industries in advocacy before NIST, the FTC, DOD, DOC, GSA, and elsewhere to help shape emerging obligations. We also advise U.S. industry about international developments, and help represent U.S. interests in international bodies.
Wiley Rein is ready to help companies and industries anticipate and navigate the changing landscape of cybersecurity, data and network security.
ISSUE: MAY 2015
IN THIS ISSUE
New Executive Order Authorizes Sanctions on Cyber Attackers
By Nova J. Daly, Timothy C. Brightbill and Alexandra E. Landis
April 2, 2015
Lessons to Be Learned from the Sony Breach
By Kirk J. Nahra
March 2015 | ABA Corporate Compliance Committee Newsletter
Privacy, Research and the Evolution of Health Care in the 21st Century
By Kirk J. Nahra
March 18, 2015 | Bloomberg BNA's Medical Research Law & Policy Report
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