Insights

Washington, D.C. – March 4, 2026: Crowell & Moring has expanded its Privacy and Cybersecurity Group with the addition of Rajeev Raghavan, a former Special Counsel to the Director of the Federal Bureau of Investigation and federal prosecutor. With more than 15 years of direct experience handling cybercrime, technology, regulatory, and enforcement challenges, and a foundational background as a computer programmer, Raghavan further strengthens the firm’s ability to help clients respond to evolving cybersecurity threats and navigate a rapidly changing legal and regulatory environment.

On July 28, 2026, the Federal Communications Commission (FCC) updated its Covered List — established through the Secure and Trusted Communications Networks Act — to include foreign-produced connected power inverters and advanced robotic devices, following an executive branch national security determination that they “pose unacceptable risks to the national security of the United States or the safety and security of United States persons.” Equipment on the Covered List is ineligible for FCC equipment authorization, effectively prohibiting the import, sale, or marketing of those products without an exception or approval.

On August 26, 2026, President Trump issued EO 14420, prohibiting the acquisition, importation, transfer, or installation of foreign-produced bulk-power system electric equipment that meet certain criteria. The prohibitions are in response to the national emergency declared by President Trump pursuant to the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act (NEA) and based on foreign actors’ potential exploitation of vulnerabilities in U.S. energy infrastructure to harm U.S. national security, including through digital backdoors built into foreign-manufactured equipment that allow remote access and potential sabotage. According to the Order, this threat to national security has become even more acute given the rapid growth of advanced manufacturing, data centers, artificial intelligence, and defense production, which together have exponentially increased U.S. dependence on reliable electricity.

On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM), marking a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations—historically strictly prohibited by federal law—against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCOs).  It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cyber-crimes against Americans.