In the past several months, two state courts in the District of Columbia and California decided motions to dismiss in cases alleging that the use of certain revenue management software violated state antitrust laws in the residential property rental management and health insurance industries. In both industries, parallel class actions
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Quantum Computing: Developments in the UK and US
This update focuses on how growing quantum sector investment in the UK and US is leading to the development and commercialization of quantum computing technologies with the potential to revolutionize and disrupt key sectors. This is a fast-growing area that is seeing significant levels of public and private investment activity. We take a look at how approaches differ in the UK and US, and discuss how a concerted, international effort is needed both to realize the full potential of quantum technologies and to mitigate new risks that may arise as the technology matures.
Quantum Computing
Quantum computing uses quantum mechanics principles to solve certain complex mathematical problems faster than classical computers. Whilst classical computers use binary “bits” to perform calculations, quantum computers use quantum bits (“qubits”). The value of a bit can only be zero or one, whereas a qubit can exist as zero, one, or a combination of both states (a phenomenon known as superposition) allowing quantum computers to solve certain problems exponentially faster than classical computers.
The applications of quantum technologies are wide-ranging and quantum computing has the potential to revolutionize many sectors, including life-sciences, climate and weather modelling, financial portfolio management and artificial intelligence (“AI”). However, advances in quantum computing may also lead to some risks, the most significant being to data protection. Hackers could exploit the ability of quantum computing to solve complex mathematical problems at high speeds to break currently used cryptography methods and access personal and sensitive data.
This is a rapidly developing area that governments are only just turning their attention to. Governments are focusing not just on “quantum-readiness” and countering the emerging threats that quantum computing will present in the hands of bad actors (the US, for instance, is planning the migration of sensitive data to post-quantum encryption), but also on ramping up investment and growth in quantum technologies. Continue Reading Quantum Computing: Developments in the UK and US
All but One Claim in Pathology Lab Data Breach Class Action Tossed on Motion to Dismiss
Only one claim survived dismissal in a recent putative class action lawsuit alleging that a pathology laboratory failed to safeguard patient data in a cyberattack. See Order Granting Motion to Dismiss in Part, Thai v. Molecular Pathology Laboratory Network, Inc., No. 3:22-CV-315-KAC-DCP (E.D. Tenn. Sep. 29, 2023), ECF 38.
Continue Reading All but One Claim in Pathology Lab Data Breach Class Action Tossed on Motion to DismissJune 2023 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is the twenty-sixth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken
Continue Reading June 2023 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity StrategyApril 2023 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is the twenty-fourth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement the Cyber EO from June 2021 through March 2023. This blog describes key actions taken to implement the Cyber EO, as well as the U.S. National Cybersecurity Strategy, during April 2023.
CISA Requests Comment on Secure Software Self-Attestation Common Form
On April 27, 2023, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) released a 60-day Request for Comment on a draft secure software self-attestation common form. Comments will be accepted through June 26, 2023 and may be submitted through Regulations.gov. The draft common form, developed in close consultation with the U.S. Office of Management and Budget (“OMB”), is a key step in implementation of OMB Memorandum M-22-18, which was issued pursuant to Section 4 of the Cyber EO and directs agencies to only use software that complies with Government-specified secure software development practices (the “OMB Memorandum”). Specifically, and among other requirements, the OMB Memorandum directs that software providers self-attest that the software developer follows the secure development processes described by NIST Secure Software Development Framework (SP 800-218) and the NIST Software Supply Chain Security Guidance. The key provisions of the OMB Memorandum are discussed in more detail in our prior blog.
Scope. The OMB Memorandum applies to all software (other than agency-developed software) developed or experiencing major version changes to be operated “on the agency’s information systems or otherwise affecting the agency’s information.” CISA’s draft common form further specifies that the “following software requires self-attestation:
- Software developed after September 14, 2022;
- Existing software that is modified by major version changes […] after September 14, 2022; and
- Software to which the producer delivers continuous changes to the software code (such as software-as-a-service products or other products using continuous delivery/continuous deployment).”
Fifth Circuit Upholds Texas Law Restricting Online “Censorship”
By Terrell McSweeny, Megan Crowley, Nicholas Xenakis, Alexandra Cooper-Ponte & Madeline Salinas on September 28, 2022
On September 16, the Fifth Circuit issued its decision in NetChoice L.L.C. v. Paxton, upholding Texas HB 20, a law that limits the ability of large social media platforms to moderate
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