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US DOD Issues Class Deviation Delaying DFARS Implementation of Upcoming NIST SP 800-171, Revision 3

By Evan Williams, Stephen Lilley, Adam Hickey & Luke Levasseur on May 9, 2024
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On May 2, 2024, the Department of Defense (DoD) issued a class deviation to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

The deviation relates to contractors’ compliance with National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, which is currently undergoing a revision. The deviation changes the requirement that contractors must comply with the version of National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 that is in effect at the time the government issues a solicitation. Instead, under the deviation, contractors are specifically directed to comply with NIST SP 800-171, Revision 2 (i.e., the current version) until the deviation is rescinded. The deviation is effective immediately.

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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 Luke Levasseur Luke Levasseur

Luke Levasseur’s litigation practice focuses on government contract matters. He advises and represents clients regarding federal procurement practices and activities. For the past several years, Luke’s practice has focused on litigating large contract disputes and bid protests before the US Court of Federal…

Luke Levasseur’s litigation practice focuses on government contract matters. He advises and represents clients regarding federal procurement practices and activities. For the past several years, Luke’s practice has focused on litigating large contract disputes and bid protests before the US Court of Federal Claims and the Government Accountability Office. He has also represented clients and performed substantial work with respect to False Claims Act litigation. Luke also has experience handling a variety of other federal court litigation for clients, involving such matters as antitrust claims, a trademark dispute and alleged fraud.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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