In this post: (1) The 9th Circuit tightens what “harm” a plaintiff must suffer to have standing; (2) the D.C. Circuit adds to growing circuit split on defining “consumers”; (3) Three courts find plaintiffs consented via website terms; (4) Courts split on whether software that captures content and address information qualifies as “pen register”; and (5) Daniel’s Law receives first decision narrowing statute.
Key point: Beginning November 10, 2025, DoD contracting officers will begin adding Cybersecurity Maturity Model Certification (CMMC) requirements to solicitations, and contracting officers “shall not award a contract, task order, or delivery order to a [contractor] that does not have a current CMMC status at the CMMC level required by the solicitation.”
Key point: The European General Court has upheld the European Commission’s adequacy decision for the EU-U.S. Data Privacy Framework, confirming that the United States ensures an adequate level of protection for personal data transfers.
Key point: CMMC took another step towards reality, with OIRA clearing for publication the DFARS proposed rule that will add CMMC requirements as a condition of award for new contracts.
Key point: During Colorado’s legislative special session, which aimed to address budgetary shortfalls resulting from this year’s federal appropriations act, lawmakers approved a delay in the Colorado AI Act’s effective dates.
Key point: With the Cybersecurity Information Sharing Act of 2015 (CISA 2015) scheduled to sunset on September 30, 2025, Congress will need to act quickly to renew the law and maintain, if not improve, the liability protections for industry when sharing cyber threat indicators and defensive measures.
In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in non-healthcare cases; (4) Jury returns verdict against Flo Health in privacy case; and (5) Privacy Plaintiffs find new theory in Colorado law.
Key point: Colorado’s Department of Law is soliciting public comments through September 5, 2025, on revised privacy rules to protect minors’ personal data and online privacy.
On July 29, the Colorado Department of Law issued a notice of proposed rulemaking to revise the state’s privacy rules following the legislature’s 2024 amendments to the Colorado Privacy Act (“CPA”). The revised rules include new protections for the personal data of minors and are currently open to public comment. Written comments should be submitted via the CPA rulemaking comment portal by September 5, 2025. Additional comments may be submitted at a public hearing scheduled for September 10, 2025.
Key point: The US Coast Guard’s new cybersecurity rule will transform the security standards and reporting requirements for vessels and marine facilities nationwide over the next three years.
On July 16, 2025, the US Coast Guard’s (USCG) final rule, Cybersecurity in the Marine Transportation System, codified at 33 C.F.R. § 101.600 et seq., went into effect. The final rule establishes cybersecurity requirements for the critical infrastructure owners and operators (CI/OO) of regulated entities (e.g., U.S.-flagged vessels, Outer Continental Shelf (OCS) facilities, and facilities regulated under the Maritime Transportation Security Act of 2002). See 90 Fed. Reg. 6298 (Jan. 17, 2025). These entities were already required to have a Vessel or Facility Security Plan (VSP/FSP) as defined by 33 C.F.R. §§ 104-106. Under the final rule, the CI/OO for these entities have incident reporting obligations, must develop Cybersecurity and Cyber Incident Response Plans, and designate a Cybersecurity Officer charged with implementing the plans. The regulation will be introduced in stages over the next three years, with certain provisions taking effect immediately.
Key point: “Winning the Race: America’s AI Action Plan,” the Trump Administration’s summary approach to federal artificial intelligence (AI) policy, and three new Executive Orders (EO) propose a wide-ranging federal strategy intended to solidify U.S. leadership in AI. For business leaders and public sector stakeholders, the Action Plan and EOs may be a double-edged sword: catalyzing AI innovation through deregulation, but in turn creating a complex, opaque compliance environment that demands careful navigation.