Cybersecurity: Private Sector Faces Increasing Regulatory Risk From Agency Enforcement and Informal “Guidance” Becoming Standard of Care

Litigation Practice Group Teleforum
Start : Thursday, October 15, 2015 03:00 PM
End : Thursday, October 15, 2015 04:00 PM

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Federalist Society Teleforum Conference Call

Featured Speakers:
Megan L. Brown
Brent J. McIntosh
Rebecca Seidel


After Target, Anthem, Sony, and Ashley Madison, cybersecurity is at the top of every company and regulator’s list of worries. As Congress considers legislation, the Executive Branch has been implementing a Presidential Executive Order to develop a “voluntary” framework for cybersecurity. The private sector faces a rapidly shifting terrain without clear standards. Agencies are flexing their regulatory muscles to expand oversight through informal guidance and threat of enforcement, as embodied in a recent victory by the FTC in the Wyndham case. 

This Teleforum will provide an overview of the cybersecurity trends facing the private sector, and will discuss the implications for predictability, transparency, and innovation. Will the President’s Executive Order, and the NIST Cybersecurity Framework, become the de facto standard for the private sector? Is the federal government regulating through the threat of enforcement by FTC, FCC, and other federal agencies, instead of through more regular administrative processes? What should companies make of emerging agency “guidance” from agencies like the FDA, SEC, NHTSA, and DoD, on operations and innovation in areas like the Internet of Things, mobile applications and devices, cloud services, connected cars? 

Join us for a lively discussion about these trends and what the private sector faces in 2015 and 2016.


  • Megan Brown, Partner, Wiley Rein LLP
  • Brent McIntosh, Partner, Sullivan & Cromwell LLP
  • Rebecca Seidel, General Counsel, Senate Commerce, Science and Transportation Committee

Call begins at 3:00 pm Eastern Time.

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