Adrian Johnson
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TLDR:
- Supreme Court ruling overturning Chevron doctrine may impact future cybersecurity regulation
- Legal challenges expected against cybersecurity requirements like incident reporting mandates
Article Summary:
The recent Supreme Court ruling to overturn the Chevron doctrine is likely to have significant implications on the cybersecurity regulatory landscape. This ruling could lead to new legal challenges against various cybersecurity requirements, including incident reporting mandates and rules governing critical infrastructure sectors. The ruling may impact future regulations like the Cyber Incident Reporting for Critical Infrastructure Act and could potentially affect baseline cybersecurity requirements for industries such as healthcare and utilities.
The Chevron doctrine, stemming from a 1984 case, allowed courts to defer to federal agencies for interpreting ambiguities in statutes. The recent ruling in cases like Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce may result in a more stable and predictable business environment, according to the U.S. Chamber of Commerce.
Notably, the ruling may challenge recent cybersecurity regulatory measures like the SEC’s 2023 cyber incident reporting requirements, which mandate reporting of cybersecurity incidents within a short timeframe. Additionally, the impact of the ruling on future regulations is still being evaluated by legal and cybersecurity experts. However, it is expected to prompt federal agencies to reconsider their approach to cybersecurity regulations to ensure they are not overly burdensome for critical infrastructure and industry partners.
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