New Cybersecurity Obligations and CPNI Rules Represent Regulatory Sea-Change for Network Operators

New Cybersecurity Obligations and CPNI Rules Represent Regulatory Sea-Change for Network Operators

- See more at: https://www.nanog.org/meetings/abstract?id=2590#sthash.JrR4drGe.dpuf

The early months of 2015 have seen an unprecedented level of action in the realm of U.S. cybersecurity policy. The Obama Administration, in response to a growing number of cybersecurity compromises and data breaches has announced an aggressive cybersecruity and data security agenda. The activity appears motivated at lease in part by the spike in the number of U.S. data breaches in 2014.


The Cybersecurity agenda of the Obama Administration will have direct and indirect consequences for network operators potentially adding to their already substantial regulatory burdens. On top of these new obligations, the FCC adopted new open Internet rules that for the first regulate how data Internet service providers can utilize Consumer Proprietary Network Information (CPNI). That's a big deal to network operators who supplement revenue from user fees in a variety of ways by trafficking in user data. This presentation will educate the audience on the new rules and outline compliance strategies.

Major push by Obama admin since got into Whitehouse, with lots of activity in 2015.
Lots of concern about sharing information about breaches due to liability, publicity, etc.
Obama pushing BCP, but so far voluntary.

No privacy law in US for citizens, instead this is done industry by industry, controlled by FTC to ensure that companies are meeting their published privacy statements. Kludgy and incoherent.
Need baseline protections for consumers, also being pushed by Obama. 

Q: Why do you believe that FCC open access will not be struck down? A: Decision by court reviewing FCC rules was extremely clear and listed elements so well that difficult to challenge. (previous speaker was also of that opinion). Q. Agree that re-classification into common carriage is right thing to do, but is it defensible this time because it was done properly this time? A: The DC Circuit addresses most agency appeals, next step is Supreme Court. DC Circuit listed everything that FCC needed to do to meet legal requirements for common carriage rules and FCC met all of those requirements this time. So feeling is that it will withstand Supreme Court and even unlikely for challenge to get to that level.