The Beginning of Mobile Cyber Security Regulation?

The Beginning of Mobile Cyber Security Regulation?

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.”

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.