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When President Donald Trump took office earlier this year, cybersecurity policymakers and leaders held high hopes for executive-level policy action around cybersecurity. The administration announced in January it would convene experts to propose cybersecurity within 90 days. Despite missing the plan's self-imposed deadline, Trump did sign a well-received executive order in May calling for enhancements to cybersecurity standards and workforce training.
Those hopes took a potential hit last month, as eight Obama-era appointees to Trump's 28-member National Infrastructure Advisory Council (NIAC) resigned in protest to a wide set of actions from Trump that, according to the group , “have threatened the security of the homeland.” The resignation letter they submitted also criticizes Trump for having paid “insufficient attention” to cybersecurity concerns around critical infrastructure, namely election-related infrastructure.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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