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Biden-Harris Administration Announces IoT Cybersecurity Labeling Program

By Rajesh De, Stephen Lilley, Howard W. Waltzman, Adam Hickey & Sasha Keck on July 25, 2023
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On July 18, 2023, the Biden-Harris Administration announced its “U.S. Cyber Trust Mark” initiative.1 Under this program, the Federal Communications Commission (FCC) will establish a voluntary certification and labeling program to guide and inform consumers purchasing Internet of Things (IoT) devices such as “smart refrigerators, smart microwaves, smart televisions, smart climate control systems, smart fitness trackers, and more.” By providing information about certain cybersecurity protections and practices, this program is ostensibly intended to help consumers evaluate the cybersecurity of devices. FCC Chair Rosenworcel has stated that this program could be up and running in late 2024 after a forthcoming public comment period.2

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Rajesh De

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as…

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as the firm’s National Security practice, and serves as a member of the firm’s Congressional Investigations & Crisis Management team. After nearly two decades in private practice and public service across all three branches of the United States government, Raj is one of the most trusted voices in Washington. He has held senior appointments in the White House, the Department of Justice (DOJ) and the Department of Defense (DOD). Raj returned to Mayer Brown in 2015 after serving as General Counsel at the United States National Security Agency (NSA). Since returning to the firm, Raj has received numerous recognitions, including by American Lawyer (“Lateral All-Star”), Washingtonian magazine (“Top Lawyer”), The National Law Journal (“Cybersecurity and Data Privacy Trailblazer”), and Cybersecurity Docket (“Incident Response 30”).

Raj focuses his practice on cutting-edge legal and policy issues at the nexus of technology, national security, law enforcement and privacy. He advises clients, including management teams and boards of directors, in connection with crisis management, government and internal investigations, high-stakes litigation, regulatory enforcement matters, and congressional inquiries. Raj provides clients with strategic counseling and practical legal advice, drawing upon a wealth of experience in government service and private practice.

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Photo of Stephen Lilley Stephen Lilley

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops…

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops strategies to manage legal risks and to shape regulatory policy across a broad range of substantive areas.

Stephen has significant experience working with clients to identify, evaluate, and manage cybersecurity and data privacy risks; responding to cyber incidents and vulnerability disclosures; and defending businesses in related litigation. Stephen is regularly called upon to advise senior executives and board members on their most challenging cybersecurity risks, to help companies develop governance programs to mitigate those risks, and to lead training exercises to implement and refine those programs. Stephen has particular experience advising on cybersecurity and national security issues relating to the Internet of Things, including vehicles and medical devices, and to manufacturing, critical infrastructure, and other industrial systems. Widely recognized for his cybersecurity law and policy experience, Stephen previously served as Chief Counsel to the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism, where he focused on cybersecurity issues.

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Photo of Sasha Keck Sasha Keck
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  • Posted in:
    Technology and AI
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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