
Michael J. Sheppeard
Partner
212-784-6939 msheppeard@sh-law.comFirm Insights
Author: Michael J. Sheppeard
Date: September 10, 2021
Partner
212-784-6939 msheppeard@sh-law.comCybersecurity oversight appears to be shifting under the Biden Administration, with the Federal Communications Commission (FCC) and Commerce Department’s National Telecommunications and Information Administration (NTIA) poised to take on a much larger role. While some of the agencies’ expanded cyber authority would be mandated under legislation working its way through Congress, the FCC is also exploring its own cybersecurity-related rulemakings.
On July 21, 2021, the House of Representatives’ Energy and Commerce Committee advanced a package of eight cybersecurity bills aimed to improve the security of the country’s telecommunications networks and supply chains. “Collectively, these bills will only further our commitment to increasing the safety and security of our networks and supply chains, while at the same time increasing competition and innovation in the telecommunications marketplace,” committee Chairman Frank Pallone (D-NJ) said in a press statement.
Below is a brief summary of the cyber legislation:
The bills now head to the full House of Representatives.
The FCC is also exploring rulemakings that would expand its cyber oversight. In June, the Commission adopted a Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) that includes several rulemaking initiatives aimed at boosting cybersecurity, including a ban on equipment authorizations for devices deemed to pose a threat to national security. The NOI also solicited feedback on how the FCC can leverage its equipment authorization program to encourage manufacturers who are making devices that will connect to U.S. networks to incorporate cybersecurity standards and guidelines. In June, FCC Republican Nathan Simington publicly made the case for the FCC playing a greater role in safeguarding critical infrastructure from cyberattacks. “In this age of ransomware attacks, there’s an ever-greater need for increased cybersecurity protections, and there’s a specific role, I believe, for the FCC to play in looking at the signal side of cybersecurity,” Simington said at a virtual event hosted by the Hudson Institute. “I believe that taking a close look at how receiver and physical device security standards can be improved at the FCC will help us find precise solutions to these issues.”
If you have any questions or if you would like to discuss the matter further, please contact me, Michael Sheppeard, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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