ZeroHour

Search: “ftc-act-section-5”

28 stories

Smart search ranks by meaning as well as keywords (one row per story, last 45 days).

FTC rescinds policy requiring health apps to notify customers after a breach

The FTC unanimously rescinded its 2021 policy statement that required health and fitness apps to notify users after health-data breaches.

The FTC voted to rescind a September 2021 Biden-era policy statement that extended federal health-data breach notification rules to health apps, fitness trackers, and connected devices, which had exposed violators to fines of $43,792 per violation per day. The 2021 statement, adopted in a divided 3-2 vote under then-chair Lina Khan, cited HIPAA coverage gaps for consumer health applications. The commission said the statement provided minimal benefit, was superseded by rulemaking, and aligns with the White House deregulatory agenda.

CyberScoopupdated · 6d agofirst · 6d agoPolicy & legal 2 sources

Kids’ online safety bill faces dim prospects of passage this session despite progress

Kids Online Safety Act clears Senate committee but passage looks unlikely this session amid House-Senate deadlock over the duty-of-care provision.

KOSA advanced out of the Senate Commerce Committee, but the chambers remain split on a duty-of-care provision requiring platforms to act with reasonable caution to prevent foreseeable harm, which House leadership opposes over First Amendment and negligence-lawsuit concerns. The Senate passed KOSA 91-3 last Congress before it died in the House, and the House passed its own version without the duty of care in June as part of a larger package, after stripping a state-law preemption provision. Observers say even Senate passage this year is a struggle given the short calendar, with a lame-duck window between November and January the more plausible path, and Majority Leader John Thune controlling whether a roll-call vote happens.

The Record · 23d agoPolicy & legal

EU Cyber Resilience Act to Enforce New Reporting Requirements

EU Cyber Resilience Act reporting obligations begin Friday, requiring businesses to notify serious product security incidents within 24 hours.

The EU Cyber Resilience Act's new reporting requirements take effect starting Friday. Businesses operating in the EU will have 24 hours to notify the government whenever they discover serious product security incidents.

Dark Reading · 6d agoPolicy & legal

Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

Former FTC chair Lina Khan argues existing US laws, citing a 1934 Supreme Court precedent, suffice to prosecute AI companies and executives over dangerous products.

Lina Khan stated that federal enforcers already have authority under consumer protection, unfair competition, and deceptive trade practices laws to charge AI companies and their CEOs for releasing dangerous or unvetted models and agents. She cited the 1934 Supreme Court decision FTC v. R.F. Keppel & Bro and referenced OpenAI agents escaping sandboxes to gain unauthorized access to Hugging Face systems. Khan also flagged the AI industry's concentrated structure and Nvidia's pending Hugging Face acquisition as creating accountability conflicts, while legal experts doubt federal regulators will act.

Preparing for the Post-Quantum Era: A Call to Action

CISA and the G7 Cyber Security Working Group urge organizations to begin post-quantum cryptography migration, outlining five transition priorities.

CISA and the G7 Cyber Security Working Group jointly released "Preparing for the Post-Quantum Era: A Call to Action". The document urges governments and organizations to begin migrating sensitive data, authentication systems, and critical assets to post-quantum cryptography against emerging quantum computing threats. It defines five priorities: raising quantum-risk awareness, national PQC strategies, quantum-safe R&D, public-private partnerships, and integrating PQC into cybersecurity requirements and procurement.

CISA Advisories · 13d agoPolicy & legal

UK's Online Safety Act has made 'absolutely no difference,' kids say

UK Children's Commissioner tells Lords committee the Online Safety Act has 'made absolutely no difference' and criticizes Ofcom over risk assessment transparency.

England's Children's Commissioner Dame Rachel de Souza testified that more than a year after key Online Safety Act child-protection duties took effect, children report no meaningful change in accessing harmful content. She criticized Ofcom for refusing to share companies' safety risk assessments under section 393(1) of the Communications Act 2003, and planned to use statutory powers to compel disclosure. She argued the OSA has not kept pace with AI-driven harms (citing the 'Grok nudifying' controversy) and urged Ofcom to 'use its teeth,' contrasting the UK's approach with Meta's proposed $18 billion US child-safety settlement.

The Register · Security · 13d agoPolicy & legal1

The FTC wants to regulate AI for ideological bias

FTC proposes classifying ideological bias in AI systems as an unfair or deceptive practice, drawing criticism over legal authority and censorship risks.

FTC Chair Andrew Ferguson's proposed policy statement would treat ideological bias in AI systems as an unfair or deceptive practice under Section 5 of the FTC Act, potentially allowing regulation of the training and inputs powering AI algorithms. The statement also asserts that federal authority supersedes state AI laws such as the Colorado AI Act, which requires bias audits before release in 2027. More than 300 public comments criticized the proposal as ill-defined and vulnerable to politically motivated censorship, with First Amendment concerns raised across the political spectrum. Critics noted the document repeatedly cites Anthropic as an example of ideological bias while barely mentioning xAI's Grok despite Elon Musk's admitted interventions in model outputs.

CyberScoop · Aug 11, 2026AI policy

ETSI Proposes 17 Cybersecurity Standards to Support Cyber Resilience Act

ETSI has launched an approval process for 17 cybersecurity standards that vendors must meet under the EU Cyber Resilience Act.

The European Telecommunications Standards Institute (ETSI) initiated an approval process for 17 cybersecurity standards intended to support implementation of the EU Cyber Resilience Act. These standards will define requirements that vendors of products with digital elements must satisfy to comply with the regulation. The move advances the operational groundwork for CRA compliance in the European Union.

Infosecurity Magazine · Aug 17, 2026Policy & legal

FCC proposes public scorecard to rate telecoms on anti-robocall efforts

The FCC proposed a public scorecard rating telecoms' anti-robocall effectiveness and removed 14 providers from US networks for compliance failures.

The Federal Communications Commission issued a public notice proposing a scorecard that would assess how effectively retail voice providers, including wireless, wireline and VoIP, prevent illegal robocalls, drawing on Robocall Mitigation Database filings, consumer complaint and enforcement data. The agency stressed it is not a rulemaking imposing new requirements, and it is seeking comment on scope, such as whether to focus on larger providers. The same day, the FCC removed 14 providers from the Robocall Mitigation Database for non-compliance, effectively requiring other US providers to block their traffic within two days.

CyberScoop · 13d agoPolicy & legal

Launching managed CRA Article 14 reporting for open source maintainers

EU Cyber Resilience Act Article 14 reporting obligations begin, requiring 24-hour exploit and incident reports; Patchstack launches managed compliance for open-source maintainers.

Starting 11 September 2026, EU Cyber Resilience Act Article 14 requires manufacturers and open-source stewards to report actively exploited vulnerabilities and severe security incidents to ENISA via the EU Single Reporting Platform, with a 24-hour early warning, 72-hour notification, and final reports within 14 days or one month. Patchstack launched a free managed compliance service, acting as Assigned Representative for open-source maintainers and providing a managed VDP. The obligations apply retroactively to all products available on the European market. Patchstack, which has coordinated over 50% of known WordPress ecosystem vulnerabilities, already serves more than 1,000 open-source projects.

Patchstack · 5d agoPolicy & legal

CISA's logging guidance works beyond government

CISA released its Logging Reference Architecture in August 2026 to help federal agencies meet OMB M-26-14 logging requirements, usable as a benchmark by critical infrastructure operators.

CISA's Logging Reference Architecture (LRA), released in August 2026, helps US federal civilian agencies satisfy logging requirements in OMB Memorandum M-26-14 and explicitly encourages critical infrastructure operators to use it as a benchmark. The framework is organized around continuous event monitoring and threat hunting, investigation, response, and forensics, with a federal baseline of six months searchable and one year retrievable logs. Agencies must submit Agency Logging Plans within 90 days and work toward Advanced maturity within 320 days; the guidance also treats AI outputs as derived data requiring human review and preserved metadata.

Help Net Security · 23d agoAdvisory

EU's Cyber Resilience Act starts the 24-hour vulnerability clock

EU Cyber Resilience Act reporting rules take effect, requiring manufacturers to disclose actively exploited vulnerabilities to ENISA within 24 hours, with fines reaching €15 million.

The Cyber Resilience Act's Article 14 mandatory reporting duties became applicable, requiring makers of products with digital elements sold in the EU — regardless of where they are based — to file an early warning within 24 hours of becoming aware of an actively exploited vulnerability, a detailed notification within 72 hours, and a final report within 14 days of releasing a fix. Reports must be submitted through ENISA's Single Reporting Platform to the designated CSIRT, and non-compliance with these core duties can trigger fines up to €15 million or 2.5 percent of annual turnover. Manufacturers must also inform affected users of available fixes without undue delay, and most remaining CRA provisions, including mandatory SBOMs and security-by-design requirements, become applicable on December 11, 2027.

The Register · Security · 5d agoPolicy & legal

The EU CRA's Real Question: What Shipped, and When Did You Know?

ActiveState argues the EU CRA's 24-hour ENISA exploit-notification duty, effective September 11, 2026, makes current SBOMs and provenance visibility a legal necessity.

An ActiveState essay warns that the EU Cyber Resilience Act's reporting obligations take effect on September 11, 2026, requiring manufacturers of products with digital elements sold into the EU to notify ENISA within 24 hours of learning a vulnerability is actively exploited, with a fuller report within 72 hours. The law's engineering requirements only apply from December 11, 2027, leaving a visibility-first runway, and Article 13 requires the SBOM to stay current unlike one-time artifacts generated under US Executive Order 14028. The author contrasts the 24-hour notification clock with an industry-average 55 days to remediate high or critical vulnerabilities and recommends automated SBOM regeneration or consuming pre-vetted, attested open source components.

BleepingComputer · 7d agoPolicy & legal

Trump Authorizes Private Sector Participation in Offensive Cyber Operations

The White House authorized private sector participation in government-directed offensive cyber operations against transnational groups, drawing escalation and attribution warnings.

The Trump administration has authorized private sector participation in US government-directed offensive cyber operations targeting transnational groups. The policy shift has prompted warnings from observers about escalation risks and attribution challenges when non-government actors conduct offensive operations. This represents a notable change in how US offensive cyber capability can be employed.

Infosecurity Magazine · Aug 13, 2026Policy & legal

CMMC Hit Pause, the FAR Council Hit Play

DoD paused CMMC Phase 2 pending a 60-day review while a proposed FAR Council rule would extend NIST 800-171 Rev 3 to all federal contractors.

The Department of Defense suspended CMMC Phase 2 third-party certification requirements, but Phase 1 self-assessments under DFARS 252.204-7021 remain in force since November 2025, and prime contractors are still directing suppliers to proceed. A CMMC Reform Task Force must report recommendations to the DoD CIO within 60 days, likely by September or October 2026. Separately, the FAR Council's proposed CUI rule from June 23 would apply NIST 800-171 Revision 3, 72-hour incident reporting, and flowdown obligations to all FAR-based federal contracts, not just the defense industrial base. False Claims Act exposure grows as DIBCAC assessment teams now cooperate directly with the DOJ.

Huntress · 14d agoPolicy & legal

Cisco Secure Firewall Management Center and Secure Firewall Threat Defense Software sftunnel Vulnerabilities

Cisco fixed sftunnel flaws in Secure Firewall Management Center and Threat Defense allowing unauthenticated authentication bypass or denial of service.

Multiple vulnerabilities in Cisco Secure Firewall Management Center (FMC) and Secure Firewall Threat Defense (FTD) software could allow an unauthenticated attacker to bypass sftunnel authentication or mount a sftunnel denial-of-service attack. Cisco has released software updates addressing these vulnerabilities. No workarounds are available. The advisory is part of a grouped Cisco release.

Bipartisan Senate bill aims to prepare energy sector for Q

Bipartisan Senate bill would direct FERC to factor quantum computing threats and post-quantum cryptography into US electric grid cybersecurity reliability standards.

The Quantum Grid Utility Assurance and Resilient Defense (Quantum-GUARD) Act, introduced by Senators Mike Rounds and Chris Coons, would require FERC to consider quantum computing threats when reviewing electric reliability standards and to explore post-quantum cryptography use in both IT and OT systems, plus a technical sandbox to study quantum impacts. It aligns with NIST's post-quantum algorithm work, and a June executive order moved the federal PQC migration deadline from 2035 to 2030. Industry experts noted the hard part is upgrading infrastructure such as SCADA communications and software update integrity ahead of those deadlines.

CyberScoop · 22d agoPolicy & legal

Cisco Secure Firewall Adaptive Security Appliance and Secure Firewall Threat Defense Software Object Group Access Control List Bypass Vulnerabilities

Cisco patched ACL Object Group Search bypass flaws in ASA and FTD firewall software that let unauthenticated attackers reach protected networks.

Cisco disclosed multiple vulnerabilities in the ACL Object Group Search implementation of Secure Firewall ASA and FTD Software, caused by a logic error in populating group access control policies. An unauthenticated remote attacker could send traffic that should be blocked through the device, bypassing configured access controls. Cisco has released software updates; no exploitation is mentioned.

Delaware Consumer Privacy and Data-Breach Law Updates

Delaware's governor signed HB 380 and HB 381 amending the state privacy act and breach notification law.

On September 2, 2026, Delaware's Governor signed House Bill 380 and HB 381. HB 380 amends the Delaware Personal Data Privacy Act (DPDPA), enacted in 2023 and effective January 1, 2025. HB 381 separately amends Delaware's computer security breach notification law. Joseph J. Lazzarotti of JacksonLewis summarizes the changes.

DataBreaches.net · 3d agoPolicy & legal

What’s next for CISA’s CDM program that gives cybersecurity tools to federal agencies

CISA officials outline future plans for the CDM program, emphasizing speed, automation, unified data, and data-driven federal risk management.

Speaking at an Elastic Federal Cyber Defense Breakfast, CISA officials described next steps for the Continuous Diagnostics and Mitigation (CDM) program that supplies cybersecurity tools to federal agencies. Acting deputy program manager Richard Grabowski named velocity, unification, and data-driven risk management as core goals, including a three-year roadmap to expand SIEM-as-a-Service. Federal CISO Mike Duffy urged aggregating demand across agencies, buying outcomes rather than products, and designing acquisition for continuous improvement. CISA's Matt House tied the program's evolution to post-SolarWinds needs for a government-wide common operating picture.

CyberScoop · 21h agoPolicy & legal

Severity Is Not a Strategy: What CISA BOD 26-04 Means for the Future of Federal Software Security

CISA's BOD 26-04 replaces severity-based federal patching with risk-based remediation deadlines of 3, 14, or 60 days.

CISA's Binding Operational Directive 26-04, released June 10, 2026, replaces BOD 19-02 and BOD 22-01 for Federal Civilian Executive Branch agencies and shifts remediation prioritization from CVSS scores to risk context. Agencies assess four factors: public exposure, KEV listing, exploit automatability, and whether exploitation grants partial or total asset control, resulting in 3-, 14-, or 60-day remediation windows or next-upgrade fixes. In CISA's first review at a large civilian agency, only 1% of vulnerabilities required three-day remediation while over 60% could wait for future system upgrades. The directive also requires forensic analysis when exploitation is suspected, and Checkmarx argues the same risk-based logic must extend upstream into software development and SBOM-driven exposure management.

Checkmarx · 6d agoPolicy & legal

17 draft Cyber Resilience Act standards are open for comment

ETSI publishes 17 draft harmonised standards detailing EU Cyber Resilience Act compliance, open for comment until between mid-September and mid-November 2026.

Seventeen draft standards covering the higher-risk tier of products with digital elements, including password managers, antivirus software, connected toys and wearables, are open for comment. Following a Harmonised Standard grants manufacturers the presumption of conformity with the Cyber Resilience Act, whose obligations apply through the end of 2027 to importers, distributors, service providers and developers. The drafts went to 41 member organisations plus societal partners ANEC, ECOS, ETUC and SBS, with closing dates varying by vertical.

Help Net Security · Aug 14, 2026Policy & legal

CISA Warns Water Utilities: Find Your Exposed PLCs Before Attackers Do

CISA urged water utilities to secure internet-exposed PLCs after July 2026 attacks compromised over 100 US water and wastewater systems, suspected Iran-linked.

CISA's exposure-reduction guidance, published August 21, follows July 2026 attacks in which threat actors remotely accessed PLCs connected directly through cellular modems, changed device IP addresses and passwords, and in some cases disabled alarms and shutdown processes without notifying operators. Iran is the suspected actor, though officials stopped short of formal attribution. CISA recommends routing remote access through centrally managed secure gateways, phishing-resistant MFA, unique credentials, and external scanning of industrial protocols such as Modbus, EtherNet/IP, DNP3, BACnet and OPC UA.

Security Affairs · 20d agoExploit / PoC in the wild