Enter Stage Right – a New Cyber Regulator Steps into the Spotlight | Wiley Rein LLP

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The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory mandates (as compared to, for example, the Federal Trade Commission), has not historically played a central role on cybersecurity. While this was cause for some consternation on the part of at least one past Chairman, it was consistent with the general focus of past Presidents and national security policy on collaboration in lieu of regulation, and on empowering certain executive branch agencies, with their relatively more nimble authorities and history of public private partnerships.

The Department of Homeland Security has long been the “sector specific agency,” in the lingo of President Obama’s key Executive Order. Several longstanding partnerships operate with the new CISA, which the communications sector has lauded and supported. Recent Executive Orders make scant or no reference to the Federal Communications Commission, directing myriad workstreams on cybersecurity to be led by other agencies.

Nonetheless, the Rosenworcel FCC is aggressively…

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