Since 2021, Eric Rosenberg has served as the lead technology transfer (T2) counsel for the U.S. Cyber Command (USCYBERCOM) T2 Program. In 2018, prior to arriving at USCYBERCOM, Rosenberg served as the Chief of Cyber Intellectual Property Law to the Air Force Service Cyber Component laboratories at 67th Cyberspace Wing (67 CW) and 688th Cyberspace Wing (688 CW). Over the past five years, Rosenberg has negotiated, drafted, and written legal reviews for 60 Cooperative Research and Development Agreements (CRADAs) worth over $134 million, three patent license agreements that have already generated more than $30,000 of their expected $145,000 per year in royalties, and 13 Educational Partnership Agreements. Furthermore, he successfully spearheaded efforts to designate 67 CW and USCYBERCOM as federal laboratories in 2019 and 2023, respectively.
Rosenberg authored the United States Cyber Command Instruction 5535.01, United States Cyber Command Technology Transfer (September 15, 2023), which established T2 policy at USCYBERCOM. He authored a laboratory designation memorandum and the supporting 16-page legal review, which examined whether USCYBERCOM qualified as a laboratory for T2 purposes and the legality of a warfighting Combatant Command like USCYBERCOM being designated as a laboratory.
Additionally, Rosenberg has headed up the development and proliferation of the Department of Defense’s (DoD’s) Critical Infrastructure (CI) CRADAs. These agreements allow federal laboratories and CRADA partners to pool their resources to collaboratively research and develop improved cyberspace tactics, techniques, and procedures for critical infrastructure networks, especially Operational Technology-Industrial Control System environments.
Rosenberg has participated in all aspects of the CI CRADA negotiation, drafting, planning, and execution, often leading negotiations with potential partners. He regularly participates in DoD and public events on T2, particularly about CI CRADAs. Most notably, Rosenberg has developed the legal theory behind CI CRADAs, which currently serves as the only legal mechanism in the U.S. government that allows for activities that could incidentally harden a partner’s network. To date, USCYBERCOM and its Air Force Cyber Component have 10 CI CRADAs in place.
Rosenberg’s efforts have gained the attention and support of Congress. The Senate Armed Services Committee, as part of its Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) Report, recognized the value of USCYBERCOM’s CI CRADAs in Guam and called for them to improve Guam’s cybersecurity posture as part of a broader Guam Cybersecurity Strategy. Additionally, Rosenberg penned the legislative proposal that became FY25 NDAA Section 1705, which fixed an oversight by amending 15 U.S.C. § 3710a to enable federal laboratories to enter into CRADAs with territorial governments, such as the Government of Guam.
Another example of Rosenberg’s prowess is his licensing of 67 CW’s Whiddler patents to two small businesses. Whiddler is a multi-threaded, multi-process cluster-capable application that performs static file analysis to predict the probability of a file being malicious. The Whiddler technology transfer created significant economic value. One of the partners expected an increase up to $25 million in annual revenue as a result of the license and an increase to its workforce by up to 10% as it scales up in accordance with its business commercialization plan.
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