Seeking Harmony: CISA’s Proposed Cyber Reporting Rules for Critical Infrastructure Are an Ambitious Work in Progress

Morrison Foerster's Joseph C. Folio III and Nicholas A. Weigel wrote this article with Autodesk's Alexandra Ross and Ian Wolfe, discussing the proposed federal cyber incident reporting regulations by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA). They highlight the ambitious nature of these regulations and suggest that CISA could enhance their effectiveness by harmonizing reporting requirements with other agencies, clarifying data preservation obligations, and providing guidance for multinational companies. The authors propose reducing the data preservation period to six months with possible extensions and emphasize the need for streamlined reporting to better protect US critical infrastructure. The article calls for additional clarity and reduced burdens on private sector entities to achieve a more efficient cyber incident reporting regime.

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