Government technology is in the middle of a historic shift. The Department of Veterans Affairs (VA) stands at the center of this transformation, moving from a checkâtheâbox cybersecurity culture to a model of âcyber dominanceâ that fuses artificial intelligence (AI), zero trust architecture (a security model that assumes no user or device is trusted by default, even inside the network), and continuous risk management. đ
For lawyers who touch government work in any wayâinside agencies, representing contractors, handling whistleblowers, litigating Freedom of Information Act (FOIA) or privacy issues, or advising regulated entitiesâthis is not just an IT story. It is a law license story. Under the American Bar Association (ABA) Model Rules, failing to grasp core cyber and AI governance concepts can now translate into ethical risk and potential disciplinary exposure. â ď¸
Resources such as The Tech-Savvy Lawyer.Page blog and podcast are no longer ânice to have.â They are becoming essential continuing education for lawyers who want to stay competent in practice, protect their clients, and safeguard their own professional standing. đ§ đ§
Where Government Agency Technology Has Been: The Compliance Era đď¸
For decades, many federal agencies lived in a world dominated by static compliance frameworks. Security often meant passing audits and meeting minimum requirements, including:
Annual or periodic Authority to Operate (ATO, the formal approval for a system to run in a production environment based on security review) exercises
A focus on the Federal Information Security Modernization Act (FISMA) and National Institute of Standards and Technology (NIST) security control checklists
Pointâinâtime penetration tests
Voluminous documentation, thin on realâtime risk
The VA was no exception. Like many agencies, it grappled with large legacy systems, fragmented data, and a culture in which âsecurityâ was a paperwork event, not an operational discipline. đ§ž
In that world, lawyers often saw cybersecurity as a box to tick in contracts, privacy impact assessments, and procurement documentation. The legal lens focused on:
Whether the required clauses were in place
Whether a particular system had its ATO
Whether mandatory training was completed
The result: the law frequently chased the technology instead of shaping it.
Where Government Technology Is Going: Cyber Dominance at the VA đ
The VA is now in the midst of what its leadership calls a âcybersecurity awakeningâ and a shift toward âcyber dominanceâ. The message is clear: compliance is not enough, and in many ways, it can be dangerously misleading if it creates a false sense of security.
Key elements of this new direction include:
Continuous monitoring instead of purely static certification
Zero trust architecture (a security model that assumes no user, device, or system is trusted by default, and that every access request must be verified) as a design requirement, not an afterthought
AIâdriven threat detection and anomaly spotting at scale
Integrated cybersecurity into mission operations, not a separate silo
Realâtime incident response and resilience, rather than afterâtheâfact blame
âCyber dominanceâ reframes cybersecurity as a dynamic contest with adversaries. Agencies must assume compromise, hunt threats proactively, and adapt in near real time. That shift depends heavily on data engineering, automation, and AI models that can process signals far beyond human capacity. đ¤
For both government and nongovernment lawyers, this means that the facts on the groundâwhat systems actually do, how they are monitored, and how decisions are madeâare changing fast. Advocacy and counseling that rely on outdated assumptions about âIT systemsâ will be incomplete at best and unethical at worst.
The Future: Cybersecurity Compliance, Cybersecurity, and Cybergovernance with AI đđ
The future of government technology involves an intricate blend of compliance, operational security, and AI governance. Each element increasingly intersects with legal obligations and the ABA Model Rules.
1. Cybersecurity Compliance: From Static to Dynamic âď¸
Traditional compliance is not disappearing. The FISMA, NIST standards, the Federal Risk and Authorization Management Program (FedRAMP), the Health Insurance Portability and Accountability Act (HIPAA), and other frameworks still govern federal systems and contractor environments.
But the definition of compliance is evolving:
Continuous compliance: Automated tools generate near realâtime evidence of security posture instead of relying only on annual snapshots.
Riskâbased prioritization: Not every control is equal; agencies must show how they prioritize highâimpact cyber risks.
Outcomeâfocused oversight: Auditors and inspectors general care less about checklists and more about measurable risk reduction and resilience.
Lawyers must understand that âweâre compliantâ will no longer end the conversation. Decisionâmakers will ask:
What does realâtime monitoring show about actual risk?
How quickly can the VA or a contractor detect and contain an intrusion?
How are AI tools verifying, logging, and explaining securityârelated decisions?
2. Cybersecurity as an Operational Discipline đĄď¸
The VAâs push toward cyber dominance relies on building security into daily operations, not layering it on top. That includes:
Secureâbyâdesign procurement and contract terms, which require modern controls and realistic reporting duties
DevSecOps (development, security, and operations) pipelines that embed automated security testing and code scanning into everyday software development
Data segmentation and leastâprivilege access across systems, so users and services only see what they truly need
Routine redâteaming (simulated attacks by ethical hackers to test defenses) and tableâtop exercises (structured discussionâbased simulations of incidents to test response plans)
For government and nongovernment lawyers, this raises important questions:
Are contracts, regulations, and interagency agreements aligned with zero trust principles (treating every access request as untrusted until verified)?
Do incident response plans meet regulatory and contractual notification timelines, including state and federal breach laws?
Are representations to courts, oversight bodies, and counterparties accurate in light of actual cyber capabilities and known limitations?
3. Cybergovernance with AI: The New Frontier đđ¤