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On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate safeguards are in place to limit the exchange of competitively-sensitive information.1 The Cybersecurity Policy Statement recognizes that private parties play an important role in preventing cyber-attacks and that sharing cybersecurity information has the potential to “improve security, integrity, and efficiency of the nation’s information systems.”2
Companies that are unsure of whether certain information sharing could result in potential liability should consult legal counsel.
1 U.S. Dep’t of Justice & Fed. Trade Comm’n, Antitrust Policy Statement on Sharing of Cybersecurity Information (Apr. 10, 2014), available at http://www.ftc.gov/system/files/documents/public_statements/297681/140410ftcdojcyberthreatstmt.pdf [hereinafter Cybersecurity Policy Statement].
2 Press Release, Fed. Trade Comm’n, FTC, DOJ Issue Antitrust Policy Statement on Sharing Cybersecurity Information (Apr. 10, 2014), available at http://www.ftc.gov/news-events/press-releases/2014/04/ftc-doj-issue-antitrust-policy-statement-sharing-cybersecurity.