Friday, August 6, 2021

DOC Sends Cybersecurity ANPRM to OMB – 8-6-21

Yesterday, OMB’s Office of Information and Regulatory Affairs announced that it had received an advanced notice of proposed rulemaking (ANPRM) from the Department of Commerce on “Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities”.

This rulemaking was not listed in the Spring 2021 Unified Agenda, which makes it difficult to tell for sure what the ANPRM may cover. There are, however, two regulation making requirements in EO 13984, Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities, for DOC.

NOTE: EO 13984 was not one of the Trump executive orders repudiated by the incoming Biden Administration in EO 13992.

The first is for DOC to “propose for notice and comment regulations that require United States IaaS [Infrastructure as a Service] providers to verify the identity of a foreign person that obtains an Account”. This requirement called for DOC to propose those regulations within 180 days of January 19th 2021, or July 18th.

The same deadline was set for the second regulation proposing requirement for “Special Measures for Certain Foreign Jurisdictions or Foreign Persons.”

In any case, without the listing in the Unified Agenda, it is not possible to say for sure if the rulemaking sent to OIRA yesterday was either, both, or something completely different.

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