Cybersecurity And The FCA — Yes, It Is A Thing

Law360, New York (November 9, 2016, 10:45 AM EST) -- Warrington S. Parker

Tom McConville The U.S. Department of Defense has issued rules mandating compliance with the cybersecurity requirements set forth in the National Institute of Standards and Technology Special Publication 800-171 no later than Dec. 31, 2017. See 32 C.F.R. Part 236; DFARS 252.204; (revised Oct. 21, 2016; see also 80 Fed, Reg. 51,739 (Aug. 26, 2015); 80 Fed. Reg. 81,472 (Dec. 30, 2015); NIST SP 800-171.

These rules make no mention of the False Claims Act, 31 U.S.C. §§ 3729-3733. And no court has had an opportunity to address these rules within the context of the False Claims Act. However, a...

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