Episode description

In this episode of Cyber Focus, Frank Cilluffo sits down with Ari Schwartz, Managing Director of Cyber Services at Venable, and Harley Geiger, Counsel on Cyber Issues at Venable, to discuss the recent Supreme Court decision overturning Chevron deference. They delve into the implications of this ruling on cybersecurity policy, regulatory practices, and the broader tech landscape.

Main Topics: 

• Understanding Chevron Deference
• Implications for Cybersecurity Policy
• Role of the Judiciary in Cybersecurity
• Impact on Public and Private Sectors
• Regulatory Harmonization and Future Legislation

Key Quotes:

• "[Courts] still take into account what the agency thinks is Congress's intent. But it does not take nearly as much weight as it did previously. As a result, regulations are more vulnerable to court challenge, and now judges have greater power to reverse or modify regulations or enforcement actions because they can act independently without having to defer to those agencies." - Harley Geiger 
• "[The ruling] could have a major impact and likely will have a major impact on cybersecurity because most tech policy is written with that open ended piece to it." - Ari Schwartz
• "In a lot of other areas of technology law, Congress has not really kept pace with where business practices are, where cybersecurity threats are, and has legislated relatively little in this area." - Harley Geiger
• "These courts can reach differing conclusions, and one circuit does not necessarily have to be bound by the decisions of another circuit until it is resolved by the Supreme Court. And so we might see, theoretically, more circuit splits, which for companies that service an entire nation that suddenly makes their compliance picture that much more difficult." - Harley Geiger
• "Congress needs to be more clear about its language and about its intent and more deliberate about cybersecurity legislation." - Ari Schwartz
• "Staying focused on risk management and real security measures is good for the country and its customers." - Frank Cilluffo

Guest Bios:

Ari Schwartz is the Managing Director of Cybersecurity Services at Venable LLP. He has extensive experience in cybersecurity policy, having served as a Special Assistant to the President and Senior Director for Cybersecurity on the National Security Council Staff. Ari has also held key positions at the Department of Commerce and the Center for Democracy and Technology.

Harley Geiger is Counsel at Venable LLP, specializing in cybersecurity and data privacy. He has a robust background in legislative affairs, having worked on Capitol Hill drafting key cybersecurity legislation. Harley's expertise spans both legal and policy dimensions of cybersecurity.

Related Links:

Venable LLP

https://www.centerforcybersecuritypolicy.org/insights-and-research/chevron-pattern-disrupted-the-impact-on-cybersecurity-regulations