Overview (Program Summary)
As the cyber risk to national security, economic security, and public safety has materialized in several high-profile events over the past few years and continues to evolve, all three branches of Government must find solutions to mitigate the risk. It’s an all-hands-on-deck situation. The U.S. Congress has moved rapidly to mitigate cyber risks through legislation; the Executive Branch has promulgated regulations, issued executive orders, and pursued public-private partnership. However, the U.S. Supreme Court reversal of the Chevron Doctrine in 2024 and articulation of the Major Questions Doctrine in 2022 threatens to slow down much of this progress and provides an opening for legal challenges where legislation is insufficiently clear, or executive branch agencies are perceived to be taking too much leeway in implementation decisions. This session will explore the myriad of implications on existing cybersecurity legislation and regulation with specific risk to important policy and rulemaking such as CIRCIA, breach notification rulemaking, TSA regulations, and water sector regulations.