The Department of Homeland Security and Department of Justice recently released the final guidelines for how companies may share “cyber threat or defensive measures” with the government.
In a recent article featured in CIO Dive, Bloomberg BNA Privacy and Security News Senior Legal Editor Daniel R. Stoller provided insights on the Cybersecurity Information Sharing Act (CISA).
CISA—adopted as part of the Consolidated Appropriations Act, 2016—provides the mechanism for which companies may share cyberthreat or defensive measures with the government. Any company, or non-federal entity, that shares this information with the government may obtain immunity from any public or private cause of action related to the sharing of cyberthreat indicators or defensive measures.
Many were hoping for changes after the first rules were implemented in February, but very little has changed.
To obtain the business immunity companies must follow specific protocols. Companies must share the data using one of the Department of Homeland Security’s real-time capabilities, including: the Automated Indicator Sharing (AIS) capability, approved webform or e-mail. Companies that don’t follow the protocols won’t receive the business immunity but may receive other protections outlined in CISA, including: exemption from federal antitrust laws; exemption from federal, state, tribal or legal government freedom of information act requests; exemption from certain state and federal regulatory uses; and no waiver of privilege for shared material.
The final guidelines do, however, explain how businesses may share cyberthreat information with each other and obtain business immunity. As long as companies follow procedures similar to the ones for sharing information with the government, they will receive the immunity under Section 106, as well as an exemption from antitrust violations that may arise from sharing the information.
Although there may be some grey areas still left in the final guidelines, they do go a long way in implementing a successful information sharing regime.
To keep up with the constantly evolving world of privacy and security sign up for the Bloomberg BNA Privacy and Security Update.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)