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Final Draft of NIST SP 800-171A Gives Contractors Something to Sample

Client Alert | 1 min read | 03.01.18

Last week, the National Institute of Standards and Technology (NIST) released its Final Draft of NIST Special Publication (SP) 800-171A, which will again be open for comment through March 23, 2018.  First proposed in November, the publication provides guidance to both contractors and agencies regarding how to conduct assessments under the prominent cybersecurity standard NIST SP 800-171, which lays the foundation for how contractors must protect all forms of Controlled Unclassified Information, including Covered Defense Information.  The Final Draft may be most notable for what it references but does not actually include:  In response to initial comments requesting sample system security plan (SSP) templates, the Final Draft explains that NIST will post sample templates to its Computer Security Resource Center.  Not wasting any time, sample templates of both a SSP and Plan of Action & Milestone (POAM) document are already available.  

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Client Alert | 6 min read | 08.03.26

The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms

Section 230 of the Communications Decency Act (“Section 230”) protects online platforms from liability for user-generated speech. Based on the premise that platforms generally do not create original content but instead curate their users’ own speech, Section 230’s protections have historically applied to a platform’s algorithmically assembled, selected or sequenced content; algorithms or features that amplified or directed user generated speech to particular users were generally protected. Indeed, the old rule of thumb was the more a platform used algorithms or automation, the more likely user generated speech remained user generated speech. GenAI has the potential to change that calculus. A platform that ingests user generated content and publishes a transformed output, can blur Section 230’s line between publication and creation. The central question is whether Section 230 protects GenAI, which analyzes, but does not alter, user-created content to produce an outcome, and its corresponding outputs....

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