Bloomberg BNA Quotes Robert Huffman on Pentagon Update of Cyber Rule for Defense Contractors

Akin Gump government contracts practice head Robert Huffman was quoted by Bloomberg BNA’s Federal Contracts Report for its article “DOD Updates Cyber Reporting Rule for Contractors,” on a new definition of “covered defense information” (CDI) issued by the Defense Department.

The new definition states that covered defense information “means unclassified information that…is (i) Provided to the contractor by or on behalf of the DoD in connection with the performance of a contract; or (ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of a contract” and falls within any of four designated categories.

Huffman said, “That's basically the keystone to the whole clause, because it tells you what kind of information the compromise of or the penetration requires a cyber incident report.”

He added that the new CDI definition may give a preview of the Pentagon’s upcoming update to the cybersecurity aspects of its Defense Federal Acquisition Regulation Supplement (DFARS), noting, “This presages that they’re going to change the CDI definition. When they do come out with that final rule, it will likely have this definition.”