Law360: Cyber Enforcers Could Face Uphill Battle With GOP House

The US Securities and Exchange Commission and the Federal Trade Commission may face more aggressive congressional oversight on cybersecurity issues if control of either the House or Senate changes following the midterm elections. “The more time an agency spends briefing senior officials to appear on the Hill, or responding to a congressional inquiry, that’s time when they are not back at their desks working on cybersecurity rules,” said John Dermody, data security and privacy counsel at O’Melveny & Myers LLP. “When there’s acrimony between the executive and legislative branches, you can lose opportunities for agencies to expand on their existing authorities, or to work on new types of cybersecurity legislation. That type of big picture thinking can really only happen if there is positive collaboration between Congress and the executive branch.”

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