Looking Back To See What The Future Holds For Cybersecurity Enforcement

The year 2021 will likely be seen as a defining moment in the history of cybersecurity enforcement. For the healthcare industry and government contractors, in particular, the government's expanding focus on cybersecurity brings increased risks and penalties for noncompliance with stricter cyber standards and requirements.

In December 2020, in widely quoted remarks, Deputy Assistant Attorney General Michael Granston told the American Bar Association's (ABA) Civil False Claims Act and Qui Tam Enforcement Institute that "cybersecurity related fraud is another area where we could see enhanced False Claims Act activity." Referring to the importance of "robust cybersecurity protections," Granston continued, "Where such protections are a material requirement of payment or participation under a government program or contract, the knowing failure to include such protections could give rise to False Claims Act liability."¹