Tina Reynolds spoke to Law360 about the U.S. Department of Justice’s recent decision to crack down on federal contractors’ cybersecurity shortcomings through the Civil Cyber-Fraud Initiative, which will rely on the False Claims Act to pursue cybersecurity-related fraud claims against federal contractors for putting “U.S. information or systems at risk.”
According to Tina, one open question about the initiative is whether there will be any sort of leniency for contractors that are victims of a breach if they fall afoul of timely notice requirements by first focusing on resolving and mitigating the breach.
“I think it would be a shame to punish them for not doing that strictly in accordance with their contractual requirements in the face of a crisis situation like that,” Tina said.
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