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January 27, 2021 By cs

Cybersecurity and government contracting: False Claims Act considerations

As the recent SolarWinds Orion attack makes clear, cybersecurity will be a focus in the coming years for both governmental and non-governmental entities alike. 

In the federal contracting community, it has long been predicted that the government’s increased cybersecurity requirements will eventually lead to a corresponding increase in False Claims Act (FCA) litigation involving cybersecurity compliance.  This prediction may soon be proven true, as a December 2020 speech from Deputy Assistant Attorney General Michael Granston specifically identified “cybersecurity related fraud” as an “area where we could see enhanced False Claims Act activity.”

This post discusses recent efforts to use the FCA to enforce cybersecurity compliance — and, based on those efforts, what government contractors may expect to see in the future.

In recent years, the government and qui tam plaintiffs have begun using the FCA to pursue alleged noncompliance with cybersecurity regulations, and some of these efforts have gained traction.  For instance, in May 2019, a federal district court in California declined to dismiss a case alleging that a government contractor had falsely asserted its compliance with cybersecurity standards when entering into Department of Defense contracts.  And in July 2019, the Department of Justice announced that another contractor had agreed to pay more than $8 million in connection with resolving a qui tam suit alleging failure to meet federal cybersecurity standards, marking the first settlement based on FCA allegations related to cybersecurity noncompliance.

More recently, however, at least one court rejected the attempt to build an FCA case out of alleged deviations from cybersecurity regulations.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2021/01/cybersecurity-and-government-contracting-false-claims-act-considerations/

Filed Under: Government Contracting News Tagged With: CISA, cyber attacks, cybersecurity, Cybersecurity and Infrastructure Security Agency, DoD, DOJ, false claims, False Claims Act, FCA, Justice Dept., qui tam

October 10, 2018 By AMK

Senate agrees federal cybersecurity office should have name to match

The lead office governmentwide for handling cybersecurity issues in the public and private sector was finally granted something officials had long sought: actually including “cybersecurity” in the office’s name.

Wednesday, Senate lawmakers passed a long-awaited bill to rename the Homeland Security Department’s point office for cybersecurity, the National Protection and Programs Directorate, to something more fitting. The Cybersecurity and Infrastructure Security Agency Act of 2017—which passed by unanimous consent—would change the office’s title to the Cybersecurity and Infrastructure Security Agency, or CISA.

As the name suggests, the office will lead efforts on cybersecurity of federal networks and critical infrastructure and coordinating between the government and private sector. The legislation also gives the office purview over “DHS’s responsibilities concerning chemical facilities antiterrorism standards.”

Keep reading this article at: https://www.nextgov.com/cybersecurity/2018/10/senate-agrees-federal-cybersecurity-office-should-have-name-match/151791/

Filed Under: Government Contracting News Tagged With: CISA, cybersecurity, Cybersecurity and Infrastructure Security Agency, DHS, Homeland Security, Senate

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