Biden Administration To Issue Cybersecurity "Performance Goals" For Critical Infrastructure

Yesterday, the Biden Administration issued a  National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems ("Memorandum").  A short summary is below.  However, the primary take away is that the government will be establishing preliminary cybersecurity performance goals for certain industries no later than September 2021.  While we do not yet know what these "performance goals" will be, there is a potential risk that failure to meet these goals, once they are published, could be seen as negligence or lack of reasonable security by a regulator.  The Memorandum states these goals "should serve as clear guidance to owners and operators about cybersecurity practices and postures that the American people can trust and should expect for such essential services."  See  Memorandum Section 4(b).