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Notice2021-240352021-11-04

Joint Industry Plan; Order Disapproving an Amendment to the National Market System Plan Governing the Consolidated Audit Trail

Securities and Exchange Commission

Action & Dates

Dates
(1) Lewis and Citadel ignore that Participants and FINRA CAT are required to monitor CAT's cyber security and promptly address vulnerabilities in accordance with Commission regulation; (2) Industry Members can influence CAT LLC and Commission regarding cybersecurity as a result of CAT LLC governance and operating mechanisms; (3) Commission has unique access to highly sophisticated cyber security and cyber warfare assets, which give them access to the most up-to-date technology; (4) CAT's technology suppliers (e.g., AWS) have reputational incentives to maintain CAT cyber defenses; (5) the ability to litigate might increase CAT cyber risk by potentially weakening Industry Members' incentives to provide feedback to the Participants; (6) Participants still face litigation risk including from Commission enforcement actions. See CRA Response at 13-14.

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Securities and Exchange Commission [Release No. 34-93484; File No. 4-698] I. Introduction On December 18, 2020, the Operating Committee for Consolidated Audit Trail, LLC (“CAT LLC”), on behalf of the following parties to the National Market System Plan Governing the Consolidated Audit Trail (the “CAT NMS Plan” or “Plan”): [ 1 ] BOX Exchange LLC; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Financial Industry Regulatory Authority, Inc. (“FINRA”), Investors Exchange LLC, Long-Term Stock Exchange, Inc., Miami International Securities Exchange LLC, MEMX, LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc. (collectively, the “Participants,” “self-regulatory organizations,” or “SROs”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) pursuant to Section 11A(a)(3) of the Securities Exchange Act of 1934 (“Exchange Act”), [ 2 ] and Rule 608 thereunder, [ 3 ] a proposed amendment (“Proposed Amendment” or “Proposal”) to the CAT NMS Plan that would authorize CAT LLC to revise the ( printed page 60934) Consolidated

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Full Document

Citation: 86 FR 60933