Ransomware Attacks in 2022 – Things are NOT Getting Better: A Call to Arms

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The success of ransomware attacks in 2021 has only emboldened cyber threat actors around the globe to continue these nefarious attacks on innocent victims. Ransomware attacks are only going to be growing in 2022. This conclusion comes from a recent international partner advisory (Advisory) jointly issued by The Cybersecurity and Infrastructure Security Agency (CISA), the FBI and the NSA.

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SEC Proposes New Cybersecurity Risk Management Rules for Registered Investment Advisers, Registered Investment Companies and Business Development Companies

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The Securities and Exchange Commission voted to propose cybersecurity rules that, if adopted, would require investment advisers and funds to implement written policies and procedures to address cybersecurity risk, and would create new reporting, disclosure and record keeping obligations.

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International Data Transfers: Clarity on Timing of U.K. Transfer Mechanisms

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The U.K. Information Commissioner’s Office recently confirmed the options and clarified the timing of new data transfer agreements for transfers of personal data out of the U.K. The situation has been somewhat confusing, even to those relatively familiar with international data transfers. Organizations can now review their data transfer arrangements with greater certainty, and this will be a key priority for 2022.

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Illinois Supreme Court: BIPA Claims Not Barred By Workers’ Compensation Act

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The Illinois Supreme Court ruled that workers compensation preemption is not a defense to plaintiffs’ claims for damages under the Illinois Biometric Information Privacy Act. The February 3, 2022 ruling in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511 will likely awaken many long-stayed BIPA class action lawsuits and pave the way for new ones to be filed.

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FTC Updates to “Safeguards Rule” Has Impacts for Higher Education Institutions

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On December 9, 2021, the FTC published a final rule amending the requirements for safeguarding customer information under the Gramm-Leach-Bliley Act (GLBA). The Safeguards Rule has long established cybersecurity standards under which customer information must be maintained by financial institutions, which include all higher education institution that participate in the federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended.

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Department of Commerce Seeks Public Comment on a Range of Broadband Infrastructure Issues Arising from the 2021 Infrastructure Investment and Jobs Act

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On the eve of the U.S. Senate’s confirmation of Alan Davidson as the new Administrator of the National Telecommunications and Information Administration (NTIA), NTIA published a request for public comments on January 10, 2022, on a range of broadband infrastructure issues, paving the way for Davidson’s reported top priority in his term. The request is the first of a series, which together are to establish three new NTIA programs under the appropriations from the November 2021 Infrastructure Investment and Jobs Act: the Broadband Equity, Access, and Deployment (BEAD) Program, the “Middle Mile Infrastructure” Program, and the Digital Equity Inclusion Program.

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