Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 6, 2016
The Firm
201-896-4100 info@sh-law.comThe agencies specifically addressed the procedures for voluntarily sharing “cyber threat indicators,” as well as the application of the law’s immunities provision.
The goal of CISA, which was enacted last December as part of the Cyber Security Act of 2015, is to promote information sharing regarding cyber threats impacting the private sector. Under the new law, federal agencies, such as the DHS, are authorized to alert businesses about potential cyber threats. At the same time, the law also creates procedures for businesses to share information about cyberattacks or data intrusions with both federal agencies and other private entities.
To encourage information sharing, companies that participate in the program are shielded from liability for violating privacy-protection or antitrust laws, provided that the information is shared in accordance with CISA. Most notably, the law requires that companies remove personally identifiable information from any data shared, unless that information is directly related to the threat.
Section 104(c) of CISA allows non-federal entities to share cyber threat indicators and defensive measures with any other entity—private, federal, state, local, territorial, or tribal—for a “cybersecurity purpose.” However, previous guidance did not specifically address how private entities may share cyber threat indicators and defensive measures with each other. As a result, it was unclear whether CISA’s liability protections extended to business to business communications.
The latest CISA guidance from the DOJ/DHS provides a detailed summary of the protections and exemptions that non-governmental entities receive for sharing cyber threat indicators and defensive measures with each other in accordance with CISA. It also expressly states: “CISA authorizes private entities to share cyber threat indicators and defensive measures with other private entities. … It also provides private entities with liability protection for conducting such sharing in accordance with CISA.”
The latest CISA guidance also addresses several other key issues, including how to identify and share cyber threat indicators and defensive measures. For instance, it emphasizes “cyber threat indicators and defensive measures will typically consist of technical information that describes attributes of a cybersecurity threat that generally need not include various categories of information that are considered sensitive and, therefore, protected by privacy laws.”
The guidance provides specific examples of information unlikely to be directly related to a cybersecurity threat and is, therefore, inappropriate to share, including:
Businesses big and small can benefit from these guidelines. The challenge often lies in figuring out what is necessary for your company, what should be a priority, and how best to determine and integrate both technology and training into your operations.
Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below for Fernando M. Pinguelo and follow the twitter accounts @CyberPinguelo and @eWHW_Blog for timely comments on related issues. If you have any questions about this post, please contact me or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and security, visit our Cyber Security & Data Protection page.
For more posts dealing with Cybersecurity, check out:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!