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I have enclosed a very useful podcast from US Attorneys Hogan Lovells, on the application of the False Claims Act (FCA) to cybersecurity regulations in the US. The Department of Justice (DoJ) announced a cyber fraud initiative in October 2021 that aims to focus on the enforcement of cyber standards of Federal Contractors were required by Federal Contracts.
While it is very early days for the DoJ initiative, the podcast is very informative in setting out the basic premise of using the FCA as a tool for compliance to both the FAR and DFARS regulations.
1. The DoJ aims to take advantage of its expertise in civil fraud enforcement, using the FCA to combat cyber threats.
2. The FCA has evolved over 150 years. The trial attorneys at the DoJ have plenty of experience in procurement fraud, the FCA and support from client agencies.
3. The DoJ has highlighted 3 goals with respective to the initiative. The DoJ hopes to hold individuals or companies contracting with Federal government accountable for knowingly providing deficient cybersecurity services, knowingly misrepresenting their cybersecurity practices or protocols, knowingly violating obligations to monitor and report cybersecurity incidents or breaches.
4. Both Federal contractors and ‘subcontractors’ could be subject to potential enforcement or investigation.
5. Companies in the aerospace, defense and technology industries will be especially vulnerable to enforcement and investigation.
A useful conversation on contract clauses such as those in FAR and DoD DFARSs, that include cyber incident reporting, cloud and the implementation of NIST SP 800-171 controls. With the DoDs CMMC 2.0 program providing another avenue for the DoJ to ‘Hook on’ to the cybersecurity initiative.
2022 will be a year that cyber regulatory enforcement will take prominence, as stated in the podcast. Now is the time to ensure that cybersecurity requirements are understand, gaps identified and compliance is being addressed.
Ted Dziekanowski Jason Spezzano Brian McCarthy
#theaugustaplan‚Â #cybersecurity‚Â #cyberriskmanagement‚Â #regulatorycompliance‚Â #regulatoryoversight‚Â #cybercompliance‚Â #cyberregulation‚Â #cybergovernance‚Â #cyberriskgovernance‚Â #ransomeware‚Â #governance‚Â #nist‚Â #cyberinsurance‚Â #insurance #defence #defense
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