Law

Law

Data security risks threaten approval of Chinese undersea cable plan

Articles, Blog, China, Cyber Security, cybersecurity, FCC, Law, News, Team Telecom
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The US government’s “Team Telecom” wants to partially deny a proposed undersea cable connection between the US and Hong Kong over surveillance, data theft concerns.

On June 17, the intergovernmental group known as Team Telecom filed on behalf of the Executive Branch a recommendation to the Federal Communications Commission (FCC) to partially deny an undersea cable system application by a Chinese company called Pacific Light Cable Network (PLCN). Team Telecom (recently renamed as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector) consists of the Department of Homeland Security )DOH) and the Department of Defense (DOD) led by the Department of Justice’s National Security Division, Foreign Investment Review Section. In its filing Team Telecom specifically urged the commission to reject that part of the application that involves a direct connection between the US and Hong Kong.

The rationale for the recommended rejection echoes similar recent moves by the Trump Administration to push Chinese technology out of the US telecommunications system and power grid supply chains. The White House, along with Team Telecom, has stepped up its arguments that China poses a digital and technology security threat, a contention that is occurring against a backdrop of soured trade negotiations and a politically deteriorating relationship between the US and China.

[This article appeared in CSO Online. To read the rest of the article please visit here.]

Revised DOJ compliance guidance offers risk-management lessons for cybersecurity leaders

Articles, Blog, Cyber Security, cybersecurity, Law, News
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Prosecutors use this guidance to assess criminal liability in a compliance breach, so it behooves business and security leaders to understand the expectations.

In February 2017, the Criminal Division of the US Justice Department (DOJ) issued its first-ever guidance for prosecutors of white-collar crime to use when assessing whether a company complied with its own risk management program. The document urged prosecutors to consider whether a company’s compliance program is appropriately “designed to detect the particular types of misconduct most likely to occur in a particular corporation’s line of business” and “complex regulatory environment.” That guidance was updated in April 2019 into a formal document called “The Evaluation of Corporate Compliance Programs.”

Both documents aim to give prosecutors criteria to consider when bringing criminal charges. The three fundamental questions prosecutors are urged to answer when assessing whether the compliance programs are helping to “promote corporate behaviors that benefit the American public” are:

  1. Is the program well-designed?
  2. Is the program effectively implemented?
  3. Does the compliance program work in practice?

On June 1, the DOJ issued yet another update to its compliance guidance, this time weaving in new language to make sure compliance programs aren’t merely one-and-done snapshots, but are instead dynamic programs that get updated to fit changing circumstances. The new guidance also asks prosecutors to make sure compliance programs are adequately resourced within organizations.

[This article appeared in CSO Online. To read the rest of the article please visit here.]