Call us now:
It was once said to me that the U.S Whistleblower program and cybersecurity would be heading towards one another. To put it in context, in 2021 the SEC whistleblower program alone awarded over $1.1 Bn to individuals that raised complaints (https://lnkd.in/eUpkbzwT), or around 10 – 30% of the total awards made.
2022 saw a considerable amount of change across cybersecurity including successful prosecutions under the False Claims Act (FCA), cyber related whistleblower convictions and convictions of cyber personnel related to cyber incidents. 2023 will see the implementation of more U.S cybersecurity regulation, further court cases and a focus on regulatory enforcement. That are likely to drive increases in whistleblower complaints and fines.
International firms will not be immune to Qui Tam complaints either and one suspects that a number of sectors will be targeted. By way of example the Defence Industry has been required to comply to DFARS 252.204-7012 and adopt NIST SP 800-171 since 2017. DIB contractors should have already submitted compliance scores to the DoD SPRS following updates to DFARS. Self attestation that should reflect as near as possible compliance to the 110 cybersecurity practices and 320 assessment objectives. At a time when CMMC is being introduced following several GAO audits, raising significant concerns that the DIB is not in compliance.
2023 maybe an interesting year for the Whistblower program and the False Claims Act?
Rachel V. Rose, JD, MBA Ted Dziekanowski
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