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Security, Privacy and the Law

Security and privacy issues encountered by businesses often require immediate and discreet solutions. We cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Security, Privacy and the Law
DOJ’s “Bulk Sensitive Data Rule” is in Effect, and May Require Significant Compliance Obligations as Enforcement is Set to Begin
Blog June 10, 2025
Pursuant to a newly effective U.S. Department of Justice (DOJ) regulation, the transfer and storage of certain sensitive U.S. government and personal data may be prohibited or restricted, depending on the intended recipient, based on national security risk…
U.S. Department of Homeland Security Launches First-Ever Cyber Safety Review Board
Blog February 05, 2022
Earlier this week, the U.S. Department of Homeland Security (DHS) announced the establishment of the Cyber Safety Review Board (CSRB), as directed in President Biden's Executive Order 14028 on Improving the Nation's Cybersecurity. The CSRB is a public-private initiative that will bring together government and industry leaders to elevate U.S. cybersecurity. The CSRB will review and assess significant cybersecurity events, so that government…
Biden Issues Memorandum Aimed at Improving Cybersecurity
Blog July 30, 2021
On July 28, 2021, President Biden issued a Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  The Memo recognizes that the protection of the nation's critical infrastructure lies not only with government, i.e., at the federal, state, local, tribal, and territorial levels, but with critical infrastructure owners and operators.  In addition, the Memo states that cybersecurity threats to critical infrastructure, and the systems that control and operate it…
President Biden Signs Executive Order to Improve Cybersecurity and Protect Federal Government Networks
Blog May 12, 2021
On May 12, 2021, President Biden signed an Executive Order which is aimed at improving the nation's cybersecurity and protecting federal government networks.  The Executive Order has been in the works for some time, but the timing of its release is a response to the Colonial Pipeline ransomware attack. According to the Fact Sheet issued by the White House, this Executive Order will: Remove barriers to threat information sharing between government and the private sector Modernize and……
The New Cybersecurity Executive Order: What It Does and When
Blog May 15, 2017
“Will the President sign it?” I asked in a recent post. As if in direct answer, the President issued the order the same day, May 11, 2017. The order is titled Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, and it appears to be identical to the recently leaked draft. The order commissions a slew of reports from federal agencies…
Another Draft Cyber Security Executive Order Emerges—Will the President Sign It?
Blog May 11, 2017
The saga of the cyber security executive order continues; a new draft surfaced just last week. The first draft leaked in January, shortly before the President was expected to sign a cyber-security order. He abruptly postponed. Another draft leaked in February, but the President didn't sign that one either. Perhaps this latest draft is the final one. “Rumors had it,” Paul Rosenzweig writes…

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The Foley Hoag Security, Privacy and the Law Blog focuses on the security and privacy issues encountered by businesses that often require immediate and discreet solutions. Here we cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Our lawyers assist clients with questions on how to legally and ethically investigate abusive e-mail, take down infringing Web sites, maintain surveillance of company facilities and information systems, and remediate breaches of security. We work with clients to ensure the legality and success of existing security policies and protocols and help them develop new programs when necessary. Our lawyers have managed unexpected crises ranging from surprise inspections by government investigators to obtaining emergency court orders needed to secure stolen company computers from rogue insiders.

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