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Final Rule Places New Cybersecurity Reporting Requirements On Banks – Finance and Banking



United States:

Final Rule Places New Cybersecurity Reporting Requirements On Banks


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Last month, the Federal Reserve System’s Board of Governors,
the Federal Deposit Insurance Corporation and the Office of the
Comptroller of the Currency approved a final rule that places
reporting requirements on banks and banking service providers.
Under this new rule, banks must report cybersecurity incidents
within 36 hours to federal regulators. In addition, banking service
providers must notify banks as soon as possible after suffering a
computer security incident. This new rule also requires banks to
inform customers of any computer security incident lasting more
than four hours.

This new rule is part of a current trend of requiring critical
infrastructures to report cybersecurity incidents. This rule goes
into effect starting April 1, 2022, and banks are required to be in
compliance by May 1, 2022. While the rule doesn’t go into
effect until next year, there are several ways that banks and
service providers can get prepared.

  1. Determine who will be responsible for reporting the
    incident to the regulators.
    Cybersecurity incidents are
    stressful. While the rule provides a more extended deadline than
    the 12-hour reporting requirement for pipelines, 36 hours is still
    a quick turnaround. Taking the time now to identify the person
    responsible will…

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Federal Agencies Announce a New 36-Hour Cybersecurity Incident Rule Reporting Requirement | Cozen O’Connor


On November 18, 2021, the Office of the Comptroller of the Currency (“OCC”),  the Board of Governors of the Federal Reserve System (“Board”), and the Federal Deposit Insurance Corporation (“FDIC”) (collectively, the “Agencies”) issued a new rule (the “Rule”) that requires banking organizations and their bank service providers to report any “significant” cybersecurity incident within 36 hours of discovery, as set forth in the Federal Register (see 12 CFR Part 53 for the OCC, 12 CFR Part 225 for the Board and 12 CFR Part 304 for the FDIC). Due to the frequency and severity of cyberattacks on the financial services industry, the Rule is intended to promote the timely notification of “computer-security incidents” (as defined below) that may materially and adversely affect entities regulated by the Agencies. The Rule takes effect on April 1, 2022, with full compliance required by May 1, 2022.

Which entities does this Rule apply to?

The Rule applies to FDIC, Board, and OCC regulated “banking organizations.” The definition of a banking organization differs based on the applicable federal regulator:

  • FDIC: an FDIC-supervised insured depository institution, including all insured state nonmember banks, insured state-licensed branches of foreign banks, and insured state savings associations
  • Board: a U.S. bank holding company, U.S. savings and loan holding company, state member bank, the U.S. operations of foreign banking organizations, and an Edge Act or agreement corporation
  • OCC: a national bank, federal savings association, or federal branch or agency of a foreign bank

The Rule also applies to a “bank service provider,” which is defined as a “bank service company” or other person who performs “covered services,” which are services performed by a “person” that are subject to the Bank Service Company Act (“BSCA”) (12 U.S.C. §§ 1861–1867). Services covered by the BSCA include check and deposit sorting and posting, computation and posting of interest, preparation and mailing of checks or statements, and other clerical, bookkeeping, accounting, statistical, or similar functions such as data processing, online banking, and mobile…

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How reporting on the Middle East prepared one journalist to cover Facebook


For Sheera Frenkel, a New York Times reporter and the co-author of An Ugly Truth: Inside Facebook’s Battle for Domination covering the social media giant was a result of “happenstance.” 

As a freelance foreign correspondent, Frenkel published her first big stories from Israel, although she actually got her start in South America. Frenkel, who speaks Hebrew and Arabic, moved to the Middle East in search of stories to report just before Israel’s disengagement from the Gaza Strip in 2005.

“I left stuff with a friend in Argentina because I was so sure that I was just going to be gone for six months,” she recalled. “I have not been back to Argentina since then, and who knows what happened to my suitcases.”

She joined The New York Times in 2017, assigned to the cybersecurity beat. “I was very, very pregnant, and pretty much immediately after joining, I went on maternity leave,” Frenkel told Jewish Insider in a recent phone interview. The end of her maternity leave coincided with the departure of the paper’s Facebook beat reporter, who left to write his own book on the company. 

“They needed somebody that could fill in for a couple months while he was off writing his book,” Frenkel recalled. 

Four years later, Frenkel has become a must-follow reporter on the Facebook beat — an auspicious place to be, as news about the company’s pursuit of profit at all costs continues to emerge. Last week, Frances Haugen, a former Facebook employee-turned-whistleblower,  testified to Congress about how Facebook executives, including CEO Mark Zuckerberg, suppressed internal research demonstrating the harms of the company’s products, especially Instagram. Frenkel felt vindicated.

“It was, I would say, incredibly satisfying to see the receipts, in a way, for everything we had been told for years,” she said.  

In conversation with JI, Frenkel talked about what covering authoritarian governments taught her about the social media giant, how to use Facebook responsibly and why she separates her Jewish identity from her reporting. 

This conversation has been edited and condensed for length and clarity. 

Jewish Insider: To start with recent…

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