On April 17th, the National Institute of Standards and Technology (“NIST”), a component of the U.S. Commerce Department, released Version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework Version 1.1”), which incorporates feedback from NIST-led workshops, public comments, and questions received by NIST team members over the last two years.

The Cybersecurity Framework development process was initiated by President Barak Obama’s Executive Order 13636, released on February 12th 2013. In the Executive Order, NIST was tasked with the development of a framework that would introduce efforts for sharing cybersecurity threat information and creating a set of current and successful approaches that would reduce cybersecurity risks to critical infrastructure. The original Cybersecurity Framework Version 1.0 was released on February 12, 2014 providing a systematic methodology for managing cybersecurity risk. It was intended to compliment, not replace, an organization’s cybersecurity and risk management program providing frameworks for industries vital to national and economic security including energy, communications, banking and defense. Nonetheless, it has since demonstrated that it is adaptable for both small and large businesses across all industries.

Cybersecurity Framework Version 1.1 has evolved with the changes in cyber threats, technologies, and industries since the release of Version 1.0 in 2014. “The release of the Cybersecurity Framework Version 1.1 is a significant advance that truly reflects the success of the public-private model for addressing cybersecurity challenges,” said Under Secretary of Commerce for Standards and Technology and NIST Director Walter G. Copan. Moreover, Matt Barrett, Program Manager for the Cybersecurity Framework, emphasized that in the updated version “We’re looking forward to reaching more industries, supporting federal agencies, and especially helping more small businesses across the U.S. benefit from the framework”.

A Factsheet for the Cybersecurity Framework Version 1.1 provided by NIST indicates several key points:

  • Refined for clarity, it’s fully compatible with Cybersecurity Framework Version 1.0 and remains flexible, voluntary, and cost-effective;
  • Declares applicability for “technology,” which is minimally composed of Information Technology, operational technology, cyber-physical systems, and Internet of Things;
  • Clarifies utility as a structure and language for organizing and expressing compliance with an organization’s own cybersecurity requirements;
  • Enhances guidance for applying the Cybersecurity Framework Version 1.1 to supply chain risk management;
  • Summarizes the relevance and utility of Cybersecurity Framework Version 1.1’s measurement for organizational self-assessment;
  • Better accounts for authorization, authentication, and identity proofing.

“This update refines, clarifies and enhances Version 1.0,” said Barrett. “It is still flexible [enough] to meet an individual organization’s business or mission needs and applies to a wide range of technology environments such as information technology, industrial control systems and the Internet of Things.”

In the coming months, NIST anticipates release of the Roadmap for Improving Critical Infrastructure Cybersecurity Version 1.1, a companion document to the Cybersecurity Framework Version 1.1 which will identify key areas of development, alignment and collaboration. In addition, NIST will host a public webcast on April 27, 2018 at 1p.m., EST to discuss updates to the Cybersecurity Framework, and plans to hold a Cybersecurity Risk Management Conference in November 2018. This set of NIST cybersecurity resources is flexible and user-friendly, and can benefit small and large businesses across a broad range of industries in their approach to cybersecurity and risk management policies and procedures.

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Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.