The federal government shutdown is already trickling down to the courts. DOJ and the FCC Wednesday asked the U.S. Court of Appeals for the D.C. Circuit for a stay in filing a response on a T-Mobile petition asking the court to rehear en banc its challenge of an FCC data fine (see 2509220056).
CTIA Monday filed in support of a T-Mobile petition asking the U.S. Court of Appeals for the D.C. Circuit to rehear en banc the August decision by a three-judge panel upholding the FCC’s data fines against it and Sprint, which it subsequently purchased (see 2509220056).
Groups representing ISPs Monday asked the 6th U.S. Circuit Court of Appeals to rehear en banc an August decision upholding the FCC’s data breach notification rules, despite a Congressional Review Act action overturning similar requirements included with other privacy rules in 2017 (see 2508140052). Judge Jane Stranch wrote the 2-1 decision. Judge Richard Griffin dissented, saying the order was unlawful and should be set aside.
The 6th U.S. Circuit Appeals Court’s recent decision upholding the FCC’s 2024 data breach notification rules (see 2508130068) will likely prove significant for regulated companies, lawyers at Davis Wright wrote in a blog post Thursday. “The most immediate implication is the introduction of yet another requirement to notify individuals and authorities of data breaches and other cybersecurity incidents.” As the dissent by Judge Richard Griffin noted, carriers are already “subject to multiple cyber incident reporting requirements at the federal level,” they said.
A recent decision by the 6th U.S. Circuit Appeals Court upholding the FCC's 2024 data breach notification rules (see 2508140052) likely has broader implications for the agency, lawyers at Cooley wrote Wednesday. “The decision’s expansive reading of Section 201(b) [of the Communications Act] suggests that the FCC’s power extends beyond the actual provision of service to cover all ‘practices’ in support of providing the service, which could lead to more aggressive regulation in the future,” they wrote.
Public Knowledge urged the FCC to safeguard the privacy of consumers as it considers rules for next-generation 911, in comments on a Further NPRM approved by commissioners in March. PK supports the FCC’s goals of making NG911 “more reliable and useful for consumers who require emergency services in critical times of need,” said a filing this week in docket 21-479. “However, these services do not come without risks,” it added.
The FCC’s efforts on the White House’s AI Action plan will involve a “team” principally run out of the Office of General Counsel, said Chairman Brendan Carr in a news conference Thursday. The agency will look at its authority to preempt state laws and proceed with “an open mind,” he added. The agency’s role will be “looking at ways that we can streamline or accelerate or potentially address barriers that may be in the way of the buildout of AI infrastructure.” Commissioner Anna Gomez said during her news conference Thursday that the Communications Act doesn't give the FCC authority over AI, and that the administration's actions against subsidizing the buildout of high-capacity fiber infrastructure will undermine the proliferation of AI. "What this administration is doing with the BEAD program is antithetical to the goals of this administration on AI," she said.
Public Knowledge and the Electronic Privacy Information Center urged the FCC to consider privacy as the agency looks at wireless location accuracy for calls to 911. Comments were posted at the FCC this week in docket 07-114.
In a unanimous vote, FCC commissioners approved Thursday a Further NPRM about improving wireless location accuracy for 911 calls. The draft FNPRM raises privacy issues.
The FCC’s new Council for National Security will focus on China, cybersecurity and emerging technologies like AI, Chairman Brendan Carr announced Thursday.