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On December 4, 2020 the President signed into law the IoT Cybersecurity Improvement Act of 2020, Pub. L. No. 116-207 (the “IoT Act”). The legislative purpose behind the new law is to ensure the highest level of cybersecurity at federal agencies by working collaboratively within government, industry and academia. Pub. L. No. 116-207 § 2.
The IoT Act mandates specific actions by the National Institute of Standards and Technology (NIST), the Office of Management and Budget (OMB) and the Department of Homeland Security (DHS) regarding: (i) standards and guidelines for IoT devices, (ii) determining whether federal agencies adhere to those standards, (iii)implementing guidelines to disclose security vulnerabilities to contractors and report the resolution of those vulnerabilities.
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In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing reimbursement claims against the federal government arising out of government contracts. In a decision handed down last August, Boeing Co. managed to reverse its fortunes and resuscitate a claim under the federal Tucker Act to recover costs incurred in performing a Department of Defense (“DoD”) contract. Boeing did so by styling its claim as one to recover an “illegal exaction.” In so doing, Boeing avoided its failure to have raised its claim with the agency.
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Internet of Things (IoT) devices have the potential to transform our home and work environment by integrating a growing range of “smart” wirelessly connected sensors into our daily lives. Recognizing the growing importance of IoT consumer and enterprise devices as well as their potential vulnerability to cyber attacks, both houses of Congress passed H.R. 1668, the IoT Cybersecurity Improvement Act of 2020 (the Act), which President Trump signed into law on December 4, 2020.
The Act mandates the creation of cybersecurity minimum requirements for IoT devices used by the federal government. Although intended to ensure the security of government information systems, these IoT minimum security requirements update existing National Institute of Standards and Technology (NIST) guidance regarding IoT cybersecurity. Because the federal government is such a large purchaser, as a practical matter the legislative standards could