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On May 10, 2023, the National Institute of Standards and Technology (NIST) released a draft of NIST Special Publication (SP) 800-171 Revision 3, containing new and revised cybersecurity controls that, when finalized, will be required for federal contractors handling Controlled Unclassified Information (CUI).

NIST proposed five key changes to NIST SP 800-171:

  1. New controls and control familiesLike Revision 2, NIST SP 800-171 Revision 3 contains 110 total security controls.  However, in Revision 3, NIST deleted or consolidated older controls to make way for 26 new controls, including 3 new control families.
  2. Introduction of organization-defined parameters (ODP). NIST introduced ODP in select security controls, increasing flexibility by allowing federal agencies to specify values for designated parameters as needed.  For example, Control 3.5.12, “Authenticator Management,” now allows agencies to define the authenticator refreshment time period or, if the agency prefers, require refreshment when an agency-defined event occurs.
  3. Increased specificity for security requirements. Revision 3 incorporates nuanced security requirements for the majority of its controls.  For example, to comply with Revision 3’s Control 3.1.4, “Separation of Duties,” contractors will need to demonstrate that they:
    a. identify the duties of individuals requiring separation; and
    b. define system access authorizations to support separation of duties.
  4. Updated tailoring criteria. NIST reduced the number of non-federal organization (NFO) controls from Revision 2, as industry feedback revealed that many NFO controls (e.g. AC-1, “Policies and Procedures”) were not being implemented or assessed.  
  5. A prototype CUI overlay. NIST provided a draft CUI overlay spreadsheet along with Revision 3.  The overlay describes how each control and control item in the NIST SP 800-53 moderate baseline—essentially, NIST SP 800-171’s parent standard—is tailored to protect CUI in NIST SP 800-171.

NIST is soliciting comments on Revision 3 through July 14, 2023.  Any interested parties may email their comments to 800-171comments@list.nist.gov.

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Photo of Michael G. Gruden, CIPP/G Michael G. Gruden, CIPP/G

Michael G. Gruden is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts and Privacy and Cybersecurity groups. He possesses real-world experience in the areas of federal procurement and data security, having worked…

Michael G. Gruden is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts and Privacy and Cybersecurity groups. He possesses real-world experience in the areas of federal procurement and data security, having worked as a Contracting Officer at both the U.S. Department of Defense (DoD) and the U.S. Department of Homeland Security (DHS) in the Information Technology, Research & Development, and Security sectors for nearly 15 years. Michael is a Certified Information Privacy Professional with a U.S. government concentration (CIPP/G). He is also a Registered Practitioner under the Cybersecurity Maturity Model Certification (CMMC) framework. Michael serves as vice-chair for the ABA Science & Technology Section’s Homeland Security Committee.

Michael’s legal practice covers a wide range of counseling and litigation engagements at the intersection of government contracts and cybersecurity. His government contracts endeavors include supply chain security counseling, contract disputes with federal entities, suspension and debarment proceedings, mandatory disclosures to the government, prime-subcontractor disputes, and False Claims Act investigations. His privacy and cybersecurity practice includes cybersecurity compliance reviews, risk assessments, data breaches, incident response, and regulatory investigations.

Photo of Jacob Harrison Jacob Harrison

Jacob Harrison helps his clients navigate both domestic and international legal challenges.

Jake advises U.S. government contractors on internal investigations and state and federal regulatory compliance. His compliance practice focuses on counseling clients operating at the intersection of government contracts and cybersecurity, including

Jacob Harrison helps his clients navigate both domestic and international legal challenges.

Jake advises U.S. government contractors on internal investigations and state and federal regulatory compliance. His compliance practice focuses on counseling clients operating at the intersection of government contracts and cybersecurity, including for cybersecurity compliance reviews, risk assessments, and data breaches.

In his international practice, Jake represents foreign and domestic clients in Foreign Sovereign Immunities Act and Anti-Terrorism Act litigation. He also has experience advising clients involved in cross-border commercial arbitration proceedings.

During law school, Jake served as an associate editor of the Emory Law Journal and interned at the Supreme Court of Georgia and the Georgia House Democratic Caucus. Before attending law school, Jake worked in politics and state government.