On June 18, 2023, the Biden-Harris administration announced the launch of a new “U.S. Cyber Trust Mark” program (hereinafter the “Program”). First proposed by Federal Communication Commission (“FCC”) Chairwoman Jessica Rosenworcel, the Program aims to increase transparency and competition across the smart devices sector and to assist consumers in making informed decisions about the security of the devices they purchase.
Garylene “Gage” Javier, CIPP/US is a Privacy & Cybersecurity associate in the firm’s Washington, D.C. office. Gage practices focuses on privacy, data security, and consumer protection, assisting financial services clients overcome regulatory challenges and achieve their business goals. Gage assists clients concerns that arise from state and federal laws that apply to data privacy and information security, including: the Gramm-Leach-Bliley Act (GLBA); California Consumer Privacy Act (CCPA); California Privacy Rights Act (CPRA); California Financial Information Privacy Act (CFIPA); the Fair Credit Reporting Act (FCRA) and its Affiliate Marketing Rule; the Virginia Consumer Data Protection Act (CDPA); and the EU General Data Protection Regulation (GDPR).
A new Cybersecurity & Infrastructure Security Agency (CISA) alert advises that, starting in late May, a well-known ransomware group called Clop compromised a widely used managed file transfer (MFT) platform called MOVEit Transfer, reportedly impacting hundreds of companies globally.
MFT platforms are used to securely transfer files between parties, and Clop reportedly compromised MOVEit Transfer using a previously unknown (zero-day) vulnerability that allowed attackers to steal files from MOVEit’s underlying database. This vulnerability is now tracked as CVE-2023-34362.
Clop has previously targeted MFT platforms such as Accellion and has shown that it is prepared to follow through on threatened next steps. In this case, Clop is threatening to identify victim companies on the Clop site as soon as June 14 and then, if a ransom is not paid, publish victims’ stolen data. In prior attacks, Clop has also reportedly contacted victim companies directly with ransom demands, sometimes weeks or more after the attack. We do not recommend that victims contact threat actors like Clop directly but instead work with experts to do so safely, if necessary.
On March 2, 2023, the Biden Administration released the 35-page National Cybersecurity Strategy (the “Strategy”) with a goal “to secure the full benefits of a safe and secure digital ecosystem for all Americans.”
Summary and Analysis
The Strategy highlights the government’s commitment to investing in cybersecurity research and new technologies to protect the nation’s security and improve critical infrastructure defenses. It outlines five pillars of action, each of which implicates critical infrastructure entities, from strengthening their cybersecurity processes, to receiving support from the federal government. For example, the Strategy highlights improving the security of Internet of Things (IoT) devices and expanding IoT cybersecurity labels, investing in quantum-resisting systems, developing a stronger cyber workforce, evolving privacy-enhancing platforms, and adopting security practices that are aligned with the National Institute of Standards and Technology (NIST) framework are some other suggested approaches that the private sector could take.