4 ms·
The draft amendment to the Code itself is just 10 pages long (pp. 123-133), pp. 1-123 are the analysis, a total of 133 pages [1]. § 226.2 Applicability (12) on
by smarx007 3y ago
The draft amendment to the Code itself is just 10 pages long (pp. 123-133), pp. 1-123 are the analysis, a total of 133 pages [1].
§ 226.2 Applicability (12) on p. 125 covers most IT/SaaS companies (any SW that has an OAuth2 client lib dependency seems to hit sub-clauses (ii)(C) and (ii)(D)) (emphasis mine):
(12) Information technology entities.
The entity meets one or more of the
following criteria:
(i) Knowingly provides or supports
information technology hardware,
software, systems, or services to the
Federal government;
(ii) Has developed and continues to
sell, license, or maintain any software
that has, or has direct software
dependencies upon, one or more
components with at least one of these
attributes:
(A) Is designed to run with elevated
privilege or manage privileges;
(B) Has direct or privileged access to
networking or computing resources;
(C) Is designed to control access to
data or operational technology;
(D) Performs a function critical to
trust; or
(E) Operates outside of normal trust
boundaries with privileged access;
(iii) Is an original equipment
manufacturer, vendor, or integrator of
operational technology hardware or
software components;
(iv) Performs functions related to
domain name operations;
Also, would not hurt if the draft was written in the BLUF fashion [2], with the 10 pages of the proposed law followed by 123 pages of the analysis.
[1]: https://www.govinfo.gov/content/pkg/FR-2024-04-04/pdf/2024-06526.pdf https://www.govinfo.gov/content/pkg/FR-2024-04-04/pdf/2024-0...
[2]: https://en.wikipedia.org/wiki/BLUF_(communication) https://en.wikipedia.org/wiki/BLUF_(communication)
- halJordan 3y agoFirst line: 226.2 Applicability. This part applies to an entity in a critical infrastructure sector. So as long as you aren't a "Submarine cable licensee required to report outages to the Federal Communications Commission under 47 CFR 4.15" or a "A systems compliance and integrity entity, security-based swap dealer, or security-based swap data repository regulated by the Securities and Exchange Commission under Regulation Systems Compliance and Integrity or Regulation Security-Based Swap Regulatory Regime, 17 CFR part 242" then i think you're good.
- smarx007 3y agoYou quoted (2)(iv) and (7)(v) quite selectively. There are 16 items in that list and the text above the list clearly says that the specific sector (i.e. the criticality of the sector) of your company is irrelevant as long as you meet at least one criteria: (b) Meets a sector-based criterion. Meets one or more of the sector-based criteria provided below, regardless of the specific critical infrastructure sector of which the entity considers itself to be part: