December 3, 2014
Partner Steven A. Augustino was quoted in the Bloomberg BNA article "FCC Seen Facing Court Challenge In New Posture as Cybersecurity Cop." The article discusses the implications of a case in which the Federal Communications Commission, for the first time and without any prior warning, took the position that carriers are required under Section 201 of the Communications Act to employ "reasonable" data security practices and to notify consumers in the event of a breach. "I think the approach will be challenged in the future," said Mr. Augustino. He added that it seems as though the FCC is interpreting "proprietary information" under Section 222(a) in a much broader way than in the past. "As a result, carriers may have a duty to protect information that is not, strictly speaking, within the ambit of the agency's existing customer proprietary network information (CPNI) rules. That is an interpretation that will cause many carriers to go back to the drawing board in establishing their data protection policies."
To read the full article, please click here.