One to watch if you are paying attention to rapidly developing U.S cybersecurity regulation.

← Back to Blog

One to watch if you are paying attention to rapidly developing U.S cybersecurity regulation. The Chevron defense and why those in cybersecurity should care?

The original Chevron process was first outlined in the 1984 U.S. Supreme Court opinion for Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. When federal court reviews federal government agency actions. The Chevron deference compels judges to defer to agency interpretations of the gaps and ambiguities in the laws they implement, so long as those interpretations are reasonable.

The U.S Supreme court is hearing oral arguments in two cases Challenging federal rules and the Chevron deference. If Chevron is overturned it will have a significant impact on lower courts in the U.S, which use the two-step Chevron test. When statutes are not clear, courts consider agency interpretation. That could change if its overruled, by the U.S Supreme Court.

If the supreme court overturns or narrows the Chevron doctrine, it passes more control to lower courts to interpret federal agency rule making, where federal rule making is unclear. The outcome of which would provide flexibility to courts to make decisions on a case by case basis. How will this affect cyber regulation tried in U.S courts, if courts are enabled to interpret compliance to federal agency rules?

As a legal colleague told me this week, this could be the biggest judicial change of 2024.

Ted Dziekanowski Romaine Marshall

Veritas GRC

#cybersecurity #cyberriskmanagement #cyberregulation

View Original Post
https://www.linkedin.com/feed/update/urn%3Ali%3Ashare%3A7154795250480218112