Navigating Cyber Governance Post-Chevron Deference Ruling

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I recently wrote an article for the ISSA Journal discussing the significant shifts in U.S. cyber governance after the recent Supreme Court decisions that overturned the 1984 Chevron Deference precedent. These rulings now require courts to interpret legislation more literally, leading to uncertainty about the future of cyber regulations. However, it’s important to understand the role each branch of government will/could play in the aftermath.

Key Takeaways:

  • Congress could pass more specific laws regulating cybersecurity, particularly around critical infrastructure and disclosure.
  • Courts will now play a larger role in deciding challenges to vague laws, creating near-term chaos.
  • State regulatory agencies might fill federal gaps, leading to a patchwork of regulations across the country.
  • Despite this uncertainty, the market will continue to regulate itself, and organizations will maintain good cyber governance practices

Ultimately, resilience and adaptability will be crucial as we navigate these evolving landscapes. Stay proactive, engage with regulators, and focus on good governance to strengthen your organization’s security posture.

Check out the full article here.

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