New Advisory on Joint FTC/DOJ Statement Encouraging Private Sharing of Cybersecurity Information

Be sure to check out our new advisory examining the joint policy statement that the Federal Trade Commission and Department of Justice issued to facilitate companies’ sharing of cybersecurity information.  The policy statement seeks to reduce uncertainty under antitrust laws for companies wishing to share strategies for preventing and combating cyber-attacks, by stating the agencies’ analytical framework for such information sharing under their longstanding Antitrust Guidelines for Collaborations Among Competitors.  As explained in the advisory, the new policy statement should be helpful as far as it goes, but companies should still proceed cautiously so as not to stray into the area of prohibited concerted activity, and should keep in mind that the new statement does not reduce potential liability under electronic privacy laws for the disclosure of communications or personal information related to cyber threats.  You can read the advisory here.