National Cybersecurity

With the arrival of each new administration, goals and areas of focus are up for potential change. Although the Trump administration has yet to announce detailed plans for national cybersecurity efforts, speculation is already beginning regarding the possible approaches, according to Skadden's 2017 Insights and

Regarding cybersecurity, efforts have already been announced regarding the creation of a Cyber Review Team, expected to evaluate the country’s overall capabilities for cyberoffense and defense, and the creation of a new position designed to oversee these activities. The nominee for CIA director, Mike Pompeo, has also talked on the importance of cybersecurity, noting its particular relevance to the intelligence sphere.

At the federal level, the FTC is also expected to be a significant driver of change. Having been the most active U.S. regulator regarding cybersecurity actions against companies under Obama, Trump is expected to be able to reshape the organization, with three of the five commissioners either already vacant or scheduled to be replaced shortly. Based on his previous comments, speculation is such that Trump could direct his appointees to take a more restrained view of the commission’s role and authority, constraining the conditions under which the FTC would act regarding cybersecurity matters.