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Avila et al. Search this Guide Search. A CCH financial privacy law guide. A3 Corporate counsel's guide to privacy. C6 B36 Data security and privacy law. R4 K59 The information privacy law sourcebook. L39 Law of electronic surveillance. In FTC v. Wyndham Worldwide Corporation , a federal court upheld the FTC's authority to bring an enforcement action against a hotel company for failing to use reasonable and appropriate data security practices.

NIST supports federal network security standards, guidelines, and best practices. Of late, NIST has been taking on an increasingly high profile on issues related to privacy and security, principally through its ITL, which "has the broad mission to promote U. CSD includes the Computer Security Resource Center, which facilitates "sharing of information security tools and practices, provides a resource for information security standards and guidelines, and identifies key security web resources to support users in industry, government, and academia.

As shown in a recent Annual Report, the CSD is addressing a variety of issues, as diverse as smart-grid cybersecurity, health information technology security, supply chain risk management, cloud computing, and identity verification. NIST is proud of its role in developing "scalable and sustainable information security standards and practices in areas such as cyber-physical and industrial control systems, privacy engineering, security automation, and mobile technologies.

NIST has taken a lead role in federal cybersecurity efforts, and is impacting regulatory activities throughout the federal government. To implement its responsibilities under the EO, NIST held several open planning sessions for the voluntary cybersecurity framework during NIST released a proposed framework, on which it accepted comments from interested parties, and finalized the framework in February The framework provides broad cybersecurity guidance using a risk-based approach that can be adapted to the needs of different CI sectors.

It consists of three parts: the core, profile and implementation tiers. It is organized into five functions-identify, protect, detect, respond, and recover-that are recognized components of a cybersecurity management lifecycle, along with associated programmatic and technical outcomes. The profiledescribes an entity's current and target cybersecurity postures, based on business needs. And the implementation tiers characterize an entity's current and intended practices.

The framework is not intended to be mandatory or static, and NIST explicitly states that it can updated. Industry has been generally supportive of NIST's efforts on the cybersecurity framework, in particular the agency's open and collaborative approach, and its commitment to keep the resulting Framework voluntary and non-regulatory.

Future government cybersecurity initiatives are expected to rely on or refer to the framework, and may look to NIST for guidance and standards in related areas. As a result of its perceived success in handling its responsibilities under the EO, policy makers have codified NIST's inclusive public-private, technology-neutral approach to the framework.


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The Cybersecurity Enhancement Act of , signed into law in December , amends the National Institute of Standards and Technology Act to reflect NIST's leadership and ensure that the framework continues to be a voluntary, consensus-based, industry-led set of standards and procedures to cost-effectively reduce cyber risks to critical infrastructure. That legislation envisions a leading role for NIST. It requires the NIST director to identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of CI to help identify, assess, and manage cyber risks.

The approach must mitigate impacts on business confidentiality, protect individual privacy and civil liberties, incorporate voluntary consensus standards and industry best practices, align with international standards, and prevent duplication of regulatory processes. NIST is to coordinate with the private sector, CI owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations.

Final Note

NIST also must consult with the heads of agencies with national security responsibilities, sector-specific agencies, state and local governments, governments of other nations, and international organizations. NIST is addressing many privacy and security issues affecting the private sector.

Section 1: Broadly applicable laws and regulations

NIST's work on security and privacy can be expected to continue and expand, both as it relates to the President's EO on cybersecurity, and more broadly. NIST has identified for additional study numerous topics, including authentication, automated sharing of indicators, assessment of the degree of conformity to risk-management requirements, cybersecurity workforce needs, data analytics, supply-chain risk management, technical standards relating to privacy, alignment of the framework with federal agency cybersecurity requirements, and international aspects and implications.

For example, in a recent effort, NIST has been examining information-sharing architectures.


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