Major Associations Criticize January CALEA Ruling
Major trade associations met with staff from FCC Chairman Brendan Carr’s office and the Office of General Counsel on a January declaratory ruling and NPRM addressing the Salt Typhoon cyberattacks (see 2501160041). The item was released during the final days of the last administration over the protest of then-commissioner Carr. CTIA, NCTA and USTelecom raised concerns during the meetings.
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The order concluded that Section 105 of the Communications Assistance for Law Enforcement Act (CALEA) “affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications.” The NPRM sought comment “on ways to strengthen the cybersecurity posture of our nation’s communications systems and services.”
The groups asked that the commission “grant their Petition for Reconsideration and rescind the Declaratory Ruling, which interprets CALEA for the first time to impose onerous and vague cybersecurity requirements on covered providers,” said a filing posted Monday in docket 22-329. “We underscored that the Declaratory Ruling misinterprets the plain language of the statute, fails to provide notice and comment required by CALEA and the Administrative Procedure Act, and is arbitrary and capricious, for the reasons stated in their Petition for Reconsideration.”