Publications
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06.14.2024Jamie Schafer, David Aaron, and Mason Ji Author Law360 Expert Analysis - Takeaways From Nat'l Security Division's Historic DeclinationJamie Schafer, David Aaron, and Mason Ji authored an Expert Analysis article for Law360 - Takeaways From Nat'l Security Division's Historic Declination - addressing the Department of Justice's groundbreaking declined prosecution of a biochemical company, the first such declination since the new corporate enforcement policy came into effect earlier this year.
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05.22.2024Clarifying Guidance on Abundance-of-Caution Disclosures under SEC Cybersecurity RuleBlogs
As Allison Handy noted on our Public Chatter blog, Erik Gerding, the Director of the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance, issued a statement on May 21 clarifying public companies’ obligations to disclose cybersecurity incidents under Item 1.05 of Form 8-K.
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04.18.2024
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12.14.2023Initial Lessons from the Rocha Case: The United States Must Remain Alert for Foreign Intelligence ThreatsArticlesThe allegations against Victor Manuel Rocha, a former U.S. ambassador to Bolivia and alleged Cuban agent, read like a Cold War spy novel.
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09.18.2023Updating Corporate and Cybersecurity Practices To Satisfy the SEC’s Final Cybersecurity Disclosure Rules: Assessing Materiality of Cybersecurity IncidentsArticlesThe U.S. Securities and Exchange Commission announced the final version of its long-anticipated cybersecurity rules on July 26, 2023.
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08.16.2023A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in ChinaUpdatesPresident Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.) on August 9, 2023, highlighting the risks these technologies and products pose to U.S. national security and marking the latest round in the ever-increasing competition between the United States and China.
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08.09.2023New Risk-Based Security Requirements for Federally Funded Research at US Institutions of Higher EducationUpdatesInternational cooperation and welcoming foreign academics are critical to the success and leadership of U.S. institutions of higher education. These interactions enhance fundamental scientific research and promote the American tradition of attracting scientific, technical, and cultural talent from around the world.
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08.08.2023It’s Official: Cybersecurity Disclosure Is Coming This YearUpdatesThe U.S. Securities and Exchange Commission adopted final rules on July 26, 2023, requiring public companies to provide current disclosure, within what may be a short time window, about material cybersecurity incidents and to include disclosure relating to cybersecurity risk management, strategy, and governance in annual reports.
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08.01.2023Cybersecurity Implementation Plan Offers a Roadmap for Cyber PrioritiesUpdates
The Biden Administration recently released the implementation plan for the National Cybersecurity Strategy. The Plan includes initiatives for new cybersecurity regulations, new and expanded liability regimes, broad public and private engagement, and new procurement obligations and funding opportunities. Companies should pay close attention to opportunities to help shape new regulatory and liability schemes and should also anticipate greater scrutiny of cybersecurity issues that affect customers and supply chains.
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06.06.2023Secret Evidence in Public TrialsArticlesThe Espionage Act is getting star billing this year. From an HBO movie about an old case to a newly charged case alleging a major leak of classified information to special counsel investigations of a former President and the current President, the only thing missing is a new Law & Order spinoff.
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04.19.2023I’ve Prosecuted National Security Cases. It Can Take Time to Get Them RightArticlesWe are living through a spike in the number of criminal investigations and prosecutions exposed to public view that involve classified information.
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03.23.2023Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the SkiesUpdatesCritical infrastructure companies should expect substantial new federal cybersecurity requirements based on the National Cybersecurity Strategy that President Biden announced on March 2, 2023. After the Administration announced the Strategy, the EPA released a memorandum addressing cybersecurity in public water systems and TSA released an aviation cybersecurity amendment.
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03.07.2023DOJ Announces Shift Toward Corporate Enforcement for Sanctions and Export Control ViolationsUpdatesDeputy Attorney General Lisa Monaco delivered groundbreaking remarks at the American Bar Association National Institute on White Collar on March 2, 2023, heralding a new era of corporate enforcement aimed at addressing U.S. national security priorities.
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03.07.2023FERC Establishes New Monitoring Requirements for Bulk Electric SystemsUpdatesThe Federal Energy Regulatory Commission has published a final rule calling for the North American Electric Reliability Corporation to develop standards for internal network cybersecurity monitoring that will be required for all high-impact bulk electric systems and medium-impact bulk electric systems with external roundtable activity and conduct a study of the security of other bulk electric systems.
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03.02.2023The Biden Administration’s National Cybersecurity Strategy: Impact on the Private SectorUpdates
The Biden Administration released its National Cybersecurity Strategy on March 1. The Strategy breaks with past precedent and emphasizes regulatory mandates and imposing liability, in addition to enhancing voluntary information-sharing and development of best practices. The Strategy will particularly affect critical infrastructure and cloud service providers.
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02.10.2023New TSA Rail Cybersecurity Rule Shows Trend Toward Prescriptive MandatesUpdatesthe Transportation Security Administration issued a new security directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads.
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02.08.2023Biden Administration Plans Mandatory Cybersecurity Regulations for Critical Infrastructure CompaniesBlogsRecent comments by Anne Neuberger, President Biden’s Deputy National Security Adviser for Cyber and Emerging Technology, herald an important shift in U.S. cybersecurity policy.
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02.08.2023Important Lessons from the Hive Ransomware DisruptionBlogsThe recently announced disruption of the Hive ransomware network is a significant and welcome accomplishment.
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01.24.2023EU Takes Step Toward Approval of EU-US Data Privacy FrameworkUpdatesThe European Commission released a draft adequacy decision approving the new EU-U.S. data privacy framework established in part by President Biden's Executive Order 14086.
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12.02.2022Willfulness and the Harm of Unlawful Retention of National Security InformationArticles
Journal of National Security Law and Policy
Discussions of the Espionage Act usually focus on the public’s conception of “spying.” Spies steal information that their government seeks to keep secret and disclose that information to other governments. -
11.21.2022What is the US-UK Data Access Agreement and Why Does it Matter?UpdatesThis is the second in a series of updates addressing the bilateral data access agreement between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act.
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11.15.2022New Indictments Reflect DOJ's All-Tools Approach To ChinaArticles
Law360
On Oct. 24, the U.S. Department of Justice announced charges against 13 individuals accused of acting within the U.S. as agents of the People's Republic of China, or PRC. -
11.02.2022Recent Decisions Clarify Narrow Scope of Exception to Notification Requirement for Agents of Foreign Governments Under 18 U.S.C. §951ArticlesA discussion of two cases, ‘United States v. Ji Chaoqun’ and ‘United States v. Alshahhi,’ both dealing with 18 U.S.C. §951, which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.
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10.10.2022President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy FrameworkUpdates
President Biden signed an executive order on October 7, 2022, changing U.S. surveillance laws to address perceived deficiencies in protecting personal data identified by European Union courts.
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09.12.2022CISA Seeks Input on New Cybersecurity Reporting RequirementsUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.
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09.07.2022US-UK Bilateral Data Sharing Agreement Comes Into Force on October 3UpdatesUnder a new agreement between the United States and the United Kingdom, communications service providers in the United States may soon begin to receive legal process directly from law enforcement agencies in the United Kingdom.
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06.07.2022Forthcoming Disclosure and Security Requirements for Institutions Hosting Federally Funded ResearchUpdatesNational Security Presidential Memorandum-33 and implementation guidance from the National Science and Technology Council direct federal agencies to standardize and enhance disclosure and security requirements that apply to federally funded research and development.
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04.15.2022SEC Proposes New Cybersecurity Disclosure Rules on Incident Reporting, Risk Management, Strategy, and GovernanceUpdatesOn March 9, 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed rules regarding cybersecurity risk management, strategy, governance, and incident disclosure.
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04.08.2022Answers to Common Questions Regarding New CIRCIAUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022.
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03.29.2022Recent Warnings Highlight Need for Enhanced Cybersecurity of Critical InfrastructureUpdatesThe U.S. government has steadily increased its warnings about malicious cyber activity by Russia and other sophisticated, persistent adversaries.
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02.08.202218 U.S.C. Section 951 and the Non‐Traditional Intelligence Actor Threat from the First World War to the Present DayArticles
Seton Hall Legislative Journal
Vol. 45 : Iss. 1 , Article 1 -
10.30.2020
Presentations
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12.18.2023Toward a Goldilocks Deal on 702 Surveillance ReformSpeaking EngagementsCo-Moderator
NYU School of Law / Virtual -
05.09.2023On the Horizon: Emerging Technical and Legal Cybersecurity Issues for Autonomous SystemsSpeaking EngagementsEnterprise and Government Solutions
Xpotential / Denver, CO