On October 30, 2023, President Joe Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intellence (the “AI EO”). Directing numerous actions by federal agencies, the AI EO reflects the Biden Administration’s intent to employ a range of legal and policy tools to promote US leadership on artificial

On July 18, 2023, the Biden-Harris Administration announced its “U.S. Cyber Trust Mark” initiative.1 Under this program, the Federal Communications Commission (FCC) will establish a voluntary certification and labeling program to guide and inform consumers purchasing Internet of Things (IoT) devices such as “smart refrigerators, smart microwaves, smart televisions, smart climate control systems, smart

On July 19, 2023, the Office of the National Cyber Director (ONCD) issued a request for information (RFI) on cybersecurity regulatory harmonization.1 The RFI is intended to be a step toward the Biden Administration’s goal, as stated in the National Cybersecurity Strategy, to “harmonize not only regulations and rules, but also assessments and audits

The Biden administration released its National Cybersecurity Strategy (“Strategy”) on March 2, 2023.1 The Strategy builds on previous policy actions by the Biden administration that sought to strengthen cybersecurity in critical infrastructure and protect personal data, including through regulatory action, government procurement requirements, and an emphasis on software security. The Strategy calls for (1)

On 13 December 2022, the European Commission published its draft adequacy decision for EU-U.S. data transfers. The draft decision follows the EU-U.S. announcement of an agreement on a new EU-U.S. Data Privacy Framework (“DPF”) in March 2022 as well as the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (“Executive Order”) signed

Strengthening the nation’s cybersecurity has been a top priority for the Biden administration, as reflected in its collaboration with industry, regulatory actions, and the legislation it has supported in Congress, including the Cyber Incident Reporting for Critical Infrastructure Act of 2022. Executive action has been a key tool in the Biden administration’s cyber policymaking toolkit.