Yesterday, FCC Chairwoman Jessica Rosenworcel circulated a Notice of Proposed Rulemaking (“NPRM”) with her colleagues on the Commission to update the agency’s rules for notifying customers and federal law enforcement of breaches involving customer proprietary network information (“CPNI”). According to a press release, the proposed “updates would better align the Commission’s rules with recent developments in federal and state data breach laws covering other sectors.”

The Chairwoman’s proposal is significant because it signals a potentially more active FCC in consumer protection as the Democrats solidify control of the agency following the Presidential transition and Chairwoman Rosenworcel’s elevation from Acting Chair to Chair. The scope of the proposal appears to be fairly narrow (based on the limited information currently available) but represents the second CPNI-related action proposed in the past three months. Once a fifth commissioner is confirmed, Chairwoman Rosenworcel may be able to press a broader consumer protection agenda for the agency.


Continue Reading Rosenworcel Moves to Update Data Breach Reporting Requirements Under CPNI Rules

On March 31, 2016 at its Open Meeting, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (NPRM) to establish privacy rules for broadband Internet Service Providers (ISPs). As we explained in our blog post in anticipation of this vote, this rulemaking stems from the

In the days leading up to Tuesday’s State of the Union address, President Obama has been previewing his Administration’s communications and technology priorities for 2015, including calling for an end to state laws that restrict municipal broadband deployments and new steps to promote cybersecurity.
Continue Reading State of the Union Preview: White House Communications Priorities for 2015

This entry was drafted by Telecom Partner John Heitmann

Yesterday, the FTC testified before a Senate Subcommittee and recommended that proposed data security legislation introduced by Senators Pryor (D., AR) and Rockefeller (D., WV) (The Data Security and Breach Notification Act of 2010, S.3742) be modified so that its requirements and the FTC’s enforcement authority thereunder be extended to telecommunications common carriers.  

The FTC’s testimony – available here – is the latest in a series of FTC actions signaling the agency’s concern regarding the amount of personal information telecom common carriers handle and the FTC’s ability – or inability – to take enforcement action against such carriers.


Continue Reading FTC Seeks to Bring Telecom Carriers within the Scope of New Data Security and Data Breach Legislation