After receiving rare bipartisan support, the Internet of Things Cybersecurity Improvement Act is headed to President Donald Trump for signature…
After receiving rare bipartisan support, the Internet of Things Cybersecurity Improvement Act is headed to President Donald Trump for signature. The bill establishes minimum security standards for Internet of Things (IoT) devices owned or controlled by the Federal Government.
The House of Representatives passed the IoT Cybersecurity Improvement Act (H.R. 1668) in September, and the Senate approved it on November 17 by unanimous consent. President Donald Trump is expected to sign the bill.
“While more and more products and even household appliances today have software functionality and internet connectivity, too few incorporate even basic safeguards and protections, posing a real risk to individual and national security,” Sens. Mark R. Warner (D-VA) and Cory Gardner (R-CO) said in a press statement. “I’m proud that Congress was able to come together today to pass this legislation, which will harness the purchasing power of the federal government and incentivize companies to finally secure the devices they create and sell.”
Proliferation of IoT Devices
The term “Internet of Things” (IoT) refers to the billions of physical devices around the world that are now connected to the internet, all collecting and sharing data. Essentially, any physical object can be transformed into an IoT device if it can be connected to the Internet to be controlled or communicate information. These devices include everyday objects, from home security systems to pacemakers which send and receive data via an Internet connection. With the growing popularity of virtual assistants like Amazon’s Alexa, internet connectivity is a growing feature on a wide range of electronic devices. The IoT technology reached 100 billion dollars in market revenue for the first time in 2017, and the figure is predicted to grow to approximately 1.6 trillion by 2025.
The IoT Cybersecurity Improvement Act would require the National Institute of Standards and Technology (NIST) to develop standards and guidelines for the Federal Government on the appropriate use and management by agencies of IoT devices owned or controlled by an agency and connected to information systems owned or controlled by an agency, including minimum information security requirements for managing cybersecurity risks associated with such devices. The standards must be published within 90 days of enactment.
In developing the standards and guidelines, NIST must ensure that its efforts are consistent with its existing protocols regarding examples of possible security vulnerabilities of IoT devices; and considerations for managing the security vulnerabilities of IoT devices. It must also address the following with respect to IoT devices: (i) secure development; (ii) identity management; (iii) patching; and (iv) configuration management.
In addition to mandating NIST standards, the IoT Cybersecurity Improvement Act would also:
Direct the Office of Management and Budget (OMB) to issue guidelines for each agency that are consistent with the NIST recommendations, including making any necessary revisions to the Federal Acquisition Regulation to implement new security standards and guidelines.
Require any IoT devices purchased by the federal government to comply with those recommendations.
Direct NIST to work with cybersecurity researchers, industry experts, and the Department of Homeland Security (DHS) to publish guidelines on vulnerability disclosure and remediation for federal information systems.
Require contractors and vendors providing information systems to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that can be effectively shared with a vendor for remediation.
Key Takeaway
The Internet of Things Cybersecurity Improvement Act would only apply to federally-procured IoT devices. However, the legislation is likely to spur efforts to create a standard for the private sector as well.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Maryam Meseha, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
