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For those in the defense industry this article is an important read. The DoD CMMC program looks to be moving out again, but it should come as no surprise. Defense Industry cyber was not covered in any depth by the 2023 NDAA, and there has been little comment on CMMC from the DoD over the past 6 months. The U.S has moved on with cyber strategy and cyber regulation that could make DFARS 7012, 019 and 7020 compliance an important subject for defense cyber and national security, not CMMC in the short term.
The DoD already has the regulation under DFARS and FISMA to implement cyber across the DIB, and the DoJ has the enforcement tools to prosecute compliance, that could be tried under the False Claims Act(FCA)? If it can be prosecuted and challenges on National Security Grounds are addressed in court?
There are indications that ONCD will issue a national cyber strategy in Quarter 1 2023, the SEC cyber proposal is anticipated over the same time and the EU is moving quickly to regulate cyber. The 2023 NDAA gives a glimpse of the role of ONCD along with DHS, the State Department and the DoD for national and international cyber oversight. However in ones opinion the important regulation to watch for defense industry Primes and their supply chains is the SEC cyber risk management proposal.
The U.S and its Allies are in a difficult place. Cybersecurity is critical for national security, with no time to waite. One sees that the world is moving on for DIB cyber as cyber regulation develops around it and over its supply chains, at a time when the theft of defense IP has effected U.S and partner national security.
CMMC may get pushed out, but attesting compliance to existing regulations has not. Begging the question as to why compliance has not yet been tested given GAO findings?
Thoughts?
Ted Dziekanowski Rachel V. Rose, JD, MBA
#cybersecurity #cyberriskmanagement #defense #nationalsecurity
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