It requires that any purchase made by the federal government comply with these recommendations. Manufacturers who did not adopt these guidelines would be rejected by the huge federal government contracts. These are new laws that IoT makers should consider. Our web file describes the data protection laws and regulations of the United States and the EU. We will also look at key cybersecurity policies and standards for IoT products. Overview: The latest regulatory frameworks impacting IoT in Europe and the US (June 2021). How does the NIS Directive differ from the GDPR? What is the difference between a directive and a regulation? A second set of provisions in the Act governs the disclosure process between federal agencies and contractors regarding information security vulnerabilities. Again, NIST is tasked with developing policies within 180 days to advise agencies and contractors on steps to take to receive, report, and disseminate information about vulnerabilities and how to fix them. [15] These guidelines are also developed taking into account non-governmental sources to better align them with industry best practices, international standards and “any other appropriate, relevant and widely used standards.” [16] These activities will also be implemented by OMB in consultation with DHS, which will also provide operational and technical support to the agencies. [17] The legislation, passed on December 4, 2020, establishes minimum security standards for connected devices used by the federal government. Recently, the governments of the United States and California each passed their own IoT cybersecurity laws designed to regulate internet security.
These bills aim to protect user data on IoT devices – a term that is becoming increasingly important as IoT technology becomes more mainstream. The health technology industry, in particular, has its own requirements in the United States, as defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Data Breach Notification Act of 2015. The bill gives NIST, the National Institute of Standards and Technology, the authority to manage IoT cybersecurity risks for devices acquired by the federal government. Compliance does not have to go hand in hand with strict enforcement. The National Institute of Standards and Technology (NIST) plays an important role in the IoT Cybersecurity Enhancement Act. The law requires NIST to establish guidelines and standards for managing federal IoT devices by early March 2021. These guidelines should address the unique cybersecurity risks that IoT devices may have and establish minimum security standards for those concerns. NIST must also review and update its standards every five years to keep abreast of emerging data issues. The other three designs – NIST Interagency Reports (NISTIRs) 8259B, 8259C, and 8259D – build on a series that aims to lay the foundation for IoT device manufacturers to identify and meet the security requirements customers expect. [25] This 8259 series currently contains a total of five documents that address core cybersecurity activities, cybersecurity fundamentals and soft skills, as well as a process for developing customized cybersecurity profiles to meet the needs of specific customers or IoT device applications. [26] The series provides an example of the federal government`s customer profiling process, which can also serve as a guide for manufacturers in profiling other customers and markets.
On January 7, 2021, NIST also released a report – NISTIR 8322 – summarizing feedback from its July 2020 workshop on creating the Federal Cybersecurity Requirements Profile for IoT Devices. [27] Discussions with existing contractors and subcontractors on the new requirements are necessary and should be ongoing to ensure that everyone knows what is expected and what appropriate actions will be taken to address any cyber security deficiencies. Before awarding a contract or purchasing a new IoT device, all authorities should verify compliance and choose other avenues if compliance does not exist or is not clear. Contractors must also take independent steps to comply with NIST standards and guidelines. The easiest way is to work with their government partners to adopt new policies or procedures. Transparency, communication, and collaboration help keep everyone on the same page and promote successful compliance. Gibson Dunn`s lawyers are available to answer any questions you may have about these developments. Please contact the Gibson Dunn lawyer you typically work with, the authors, or one of the following members of the firm`s Privacy, Cybersecurity, and Data Innovation practice group: Finally, the proposed UK IoT Cybersecurity Act (January 2020) is progressing after Brexit, shifting the responsibility for securing their own devices to consumers.
ensuring that robust cybersecurity is built into these products. The infrastructure can be covered by the Network and Information Security Directive (NIS – valid from 24 May 2018) and the company can be covered by the European Cybersecurity Regulation (from 27 June 2019). The increasing pace of IoT adoption and the ongoing uncertainty of many devices are setting the stage for regulatory action. [17] IoT Cybersecurity Enhancement Act §§ 5(d)–(e), 6(a)–(c). The OMB develops and monitors this implementation no later than two years after the Act comes into force. Id. § 6 a). Different policies, standards, best practices and guidelines are available from different sources. Get involved in industry working groups and contribute to the development of guidelines in collaboration with NIST. The authors avoid direct regulation of the private sector, which could slow innovation. Oregon (HB-2395) joined California with a very similar text that went into effect on January 1, 2020.
The same situation could very well happen with the new EU regulation on cybersecurity. If your organization is affected, make sure you are already in or working on existing policies from NIST and other federal agencies and industry groups. (EU GDPR Directive 95/46/EC) entered into force on 25. It entered into force in May 2018 and has entered into force in the EU and the UK. Also included in the initiative, NISTIR 8259C advises manufacturers on adapting device controls for government use. Meanwhile, NISTIR 8259D provides guidance to manufacturers and integrators on how to work with federal agencies by applying NISTIR 8259C methods and NIST SP 800-53B security controls to IoT deployments. Core Cybersecurity Activities for IoT Device Manufacturers NISTIR 8259 The implementation of the Cybersecurity Law strengthens the continent`s institutions for the first time. Nevertheless, the day-to-day impact will be visible when ICT manufacturers and service providers need to be certified for cybersecurity compliance in order to sell their products. [27] Katerina Megas et al., NISTIR 8322 — Workshop Summary Report for “Building the Federal Profile For IoT Device Cybersecurity,” Virtual Workshop, Nat`l Inst. Standards & Tech. (January 2021), csrc.nist.gov/publications/detail/nistir/8322/final. [34] IoT security: ENISA publishes guidance on securing the IoT supply chain, ENISA (9 November 2020), www.enisa.europa.eu/news/enisa-news/iot-security-enisa-publishes-guidelines-on-securing-the-iot-supply-chain.
This document is intended to precede additional in-depth IoT-focused publications. For vendors, this will influence how companies approach IoT procurement and implementation. New York State is now on California`s side with its SHIELD Act. Device owners need to secure and monitor their devices to protect their own environment and ensure that malicious actors don`t use their systems to attack others, as was the case with the Mirai botnet DDoS attack in 2016. IoT device owners and manufacturers need to work together to securely find, deploy, configure, and monitor these IoT devices. Product Development Requirements and 62443-4-2: Technical Safety Requirements for IACS ISA/IEC Components 62443-4-1 The truth is that both Democrats and Republicans are considering bills. Lawmakers will return to this issue in 2021. The privacy provisions of the New York Stop Hacks and Improve Electronic Data Security Act (New York State Bill S55575B) came into effect on March 21, 2020. The bill requires the implementation of a cybersecurity program and protections for New York State residents. Another primary law from the 90s, the Gramm-Leach-Bliley Act (GLBA), is a banking and financial law with crucial data protection and security requirements. Today, the challenge is more to understand which regulations apply or will apply and whether compliance with IoT regulations is sufficient to ensure adequate security. That`s no different in the growing Internet of Things (IoT) industry, where the number of IoT devices is expected to reach 21.5 billion by 2025.
Given the expected massive growth of the industry, many governments have embraced the security of IoT technology. Another thing to watch is how the IoT Cybersecurity Improvement Act affects other laws in the U.S. and across borders. California and Oregon have already passed IoT laws in 2020 that regulate security features on connected devices.