Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Beginning of Mobile Cyber Security Regulation?

Author: Scarinci Hollenbeck, LLC

Date: May 13, 2016

Key Contacts

Back

The Beginning of Mobile Cyber Security Regulation?

Mobile Cyber Security Regulation 2

For the first time, the FTC and FCC have joined forces to visit the domain of mobile device security. Although traditionally occupied by cyber security technicians and their superiors, it doesn’t look like the FTC/FCC will be leaving anytime soon in their campaign to launch mobile cyber security regulation.

On Monday, the two agencies launched a sweeping probe into original equipment manufacturers, software manufacturers, and telecommunication companies. The purpose of the questionnaire is to determine the how these entities issue mobile security updates (i.e., patches) and address mobile vulnerabilities. 

FTC/FCC Launch In-depth Questionnaire for Mobile Cyber Security Regulation

The rapid increase in both the number and severity of data breaches represents a real threat to the entirety of the digital landscape.

It’s not surprising that the two agencies want to know that these entities have robust cyber security protocols, or that the two agencies would coordinate their efforts. What is surprising is the depth of inquiries into cyber security protocols. This represents the first coordinated foray into the details of each manufacturer’s and service provider’s ability to provide effective cyber security to their consumers. 

The questionnaire sample takes a deep and holistic look at the practices and sources each entity uses to identify hardware and software vulnerabilities, how each develops security patches, and how each promulgates those patches. Armed with this information, the agencies will most likely begin constructing a regulatory scheme to help guide entities in the mobile space with minimum standards in each facet of their development, production, and service of mobile devices.

While regulation into the true specifics of cyber security is not yet here, it is no doubt coming. The rapid increase in both the number and severity of data breaches represents a real threat to the entirety of the digital landscape. Just as automobile manufacturers must submit to safety testing before selling cars, those in the digital space can no longer say “trust us.”

Mobile Cyber Security Regulation

About the Authors:

Fernando M. Pinguelo:
Fernando M. Pinguelo, a trial attorney and Chair of the firm’s Cyber Security & Data Protection and E-Discovery groups, devotes his practice to complex litigation with an emphasis on cyber security, data privacy, media and employment matters. A former prosecutor, Fernando’s experience addresses all facets of litigation (trial, mediation, arbitration, appellate) in both federal and state courts and he regularly handles “crisis litigation,” including emergency applications with the courts. Most recently, the leading global information services company retained him to address data breach incident reportedly involving the theft of 15 million customers’ sensitive data.

Kurt M. Watkins, Co-Author: 
Kurt M. Watkins is an associate with the firm. Mr. Watkins focuses his practice on Corporate Structuring and Cyber Security Law. Coming from a technology industry background, he is proficient in computer software and hardware and has a concentration in Intellectual Property.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!