If cyber change is going to be felt quickly in the US it is likely to be through the NDAA, and proposed legislation including the ‘Cyber Incident

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If cyber change is going to be felt quickly in the US it is likely to be through the NDAA, and proposed legislation including the ‘Cyber Incident Reporting Act’‚ and‚ ‘Federal Information Security Modernization Act (FISMA 2021)’ wants to jump on board.

These two big cybersecurity bills are contained in an NDAA amendments offered by the sponsors of the bills, Senate Homeland Security and Governmental Affairs Committee Chairman Gary Peters, D-Mich., and ranking member Rob Portman, R-Ohio, along with Sens. Mark Warner, D-Va., and Susan Collins, R-Maine.

This is important. FISMA is a foundational US regulation requiring Federal Agencies and their contractors to implement the Risk Management Framework. The cyber incident reporting bill requires critical infrastructure operators to report cyberattacks to the Federal government, and require most government and business entities to report to the government if they make a ransomware payments.

The FISMA amendment is important for domestic and international defence contractors. FISMA is already being implemented by the DoD under DoDI 8510.01 and DoD procurement introduced DoDI 5000.90 for defence Supply Chain Risk Management in 2020. Impacting both the approach the DoD takes to assessing and mitigating information security risk, and procurement decisions based upon risk.

The next 3 months will be crucial in formalising the direction of travel for US cyber regulation and enforcement. It clear there are significant cyber changes ahead, as both Democrats and Republicans recognise the need improve cybersecurity and ensure DoD defence spend is focused on defence and cyber that will impact the DIB.

Ted Dziekanowski Brian McCarthy Jason Spezzano

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