Wireless Roundup (July 2022) – Data Protection

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Key Wireless Deadlines

The FCC invites comments on the operations of unlicensed white space devices in the television bands: In a 2nd Review Order and New Notice of Proposed Rulemaking, the Federal Communications Commission (Commission or FCC) Seeks Comments on the Database Verification Interval That Should Apply to White Space Devices personal/portable fixed and narrowband Mode II and mobile white space devices. space devices, which were first authorized by the Commission in 2020. In particular, the Commission is seeking comments on whether these types of devices, which operate in the TV bands, should be subject to the hourly verification interval that the Commission requires for Mode II fixed and portable personal devices in the TV bands, the daily cross-check interval to which such devices are currently subject, or any other cross-check interval. Comments are due July 1 and comment responses are due August 1.

NIST requests comments on the release of the Zero Trust Architecture Draft: The National Institute of Standards and Technology (NIST) invites comments on its draft SP 1800-35A, Implementing an Executive Summary of the Zero Trust Architecture. This draft publication was published as part of the National Cybersecurity Center of Excellence (NCCoE) “Implementing a Zero Trust Architecture” project in which the NCCoE and industry participants seek to demonstrate several approaches to a Zero Trust Architecture (ZTA) applied to conventional architecture, general purpose enterprise IT infrastructure on-premises and in the cloud. The project “summarizes how [NCCoE] and its collaborators use commercially available technology to create interoperable, open standards-based ZTA implementations that align with the concepts and principles of [NIST SP 800-207, Zero Trust Architecture].” Comments are due July 5.

The White House invites comments on the advancement of privacy technologies: The White House Office of Science and Technology Policy (OSTP) posted a request for information on the advancement of privacy-protecting technologies in the Federal Register on June 9. The OSTP is seeking public input to help inform the development of a national data and analytics sharing strategy and associated policy initiatives. The national strategy will present a vision to responsibly operate data sharing and analytics that preserve privacy. It will also propose actions ranging from investments in research, to training and education initiatives, to the development of standards, policies and regulations needed to achieve this vision. Comments are due July 8.

The FCC invites comments on the National Lifeline Association’s petition for reconsideration in response to the Affordable and Emergency Broadband Connectivity Benefit Program: The Commission is seeking comments on a petition for reconsideration and clarification filed by the National Lifeline Association (NaLA). NaLA seeks clarification on the authority of the Bureau and Chief Enforcement Officers to suspend a participating vendor’s Affordable Connectivity Program (ACP) enrollments and continue funding a participating vendor based on the standard of “adequate evidence”, or in the alternative, to reconsider the opt-out rule ( 47 CFR 54.1801(e)(2)). NaLA is also requesting reconsideration or clarification of the requirement that a participating ACP supplier offering connected devices provide pricing information for at least one of a major retailer’s analog devices. Comments are due July 18 and reply comments are due August 1.

FCC requests comment on low-power digital TV and TV translator stations: In a Notice of Proposed Rulemaking (NPRM), the Commission seeks comments on the operation of analog FM radio services by low-power channel 6 digital television stations. The Commission also seeks comments on a proposal by National Public Radio to license additional non-commercial educational FM radio stations on the 82-88 MHz frequency in areas where low-power and full-power Channel 6 television stations do not currently operate. Finally, the Commission invites comments on whether to eliminate or revise the television channel 6 spacing rules for FM radio stations operating on FM channels in the dedicated band 201-220. Comments are due July 18 and reply comments are due August 1.

FCC seeks comment on Affordable Connectivity Program: In an NPRM, the FCC seeks comments on the annual collection of data relating to prices and subscription rates of Internet service offerings received by CPA-enrolled households, the mechanism for collecting this data, and the format of publication of data, as required by Section 60502(c) of the Infrastructure Investment and Jobs Act. Comments are due July 25 and comment responses are due August 8.

FTC calls for research submissions for PrivacyCon: The Federal Trade Commission (FTC) has called for research presentations on a wide range of privacy and data security topics such as trade surveillance and automated decision-making for its annual PrivacyCon event, which will take place virtually on July 1. November 2022. The FTC seeks empirical research and evidence, including economic analysis, on topics such as: algorithmic bias and ensuring fairness in the use of algorithms; commercial surveillance, including workplace surveillance, surveillance advertising and biometric surveillance; potential new remedies and approaches to improve privacy and security practices such as the removal of algorithms or other products developed using illegally collected consumer data; and the risks, harms and vulnerabilities to the privacy of children and adolescents, particularly those presented by emerging technologies. Research presentations are due July 29.

NIST seeks feedback on consumer IoT products:NIST invites comments on two new Internet of Things (IoT) security publications: (1) Draft NISTIR 8425, Profile of the IoT Core Baseline for Consumer IoT Products; and (2) a discussion essay, Ideas for the Future of IoT Cybersecurity at NIST: Identifying IoT Risks. With Project NISTIR 8425, NIST has taken over the Consumer IoT Cybersecurity Criteria from its February 2022 publication on Recommended Criteria for Cybersecurity Labeling for Consumer Internet of Things (IoT) Products and Devices. has integrated into the NIST family of IoT cybersecurity guidelines. In the discussion essay, NIST discusses the complexities of risk identification as they relate to IoT products and asks reviewers to consider: what resources manufacturers can leverage when identifying the risks of their IoT devices; how IoT device manufacturers can approach risk identification and address risks for multi-use/multi-consumer IoT devices; and how an IoT ecosystem can best manage the identification and treatment of risks related to emerging use cases. Comments are due July 31.

Upcoming meetings and events

IWG-1 meeting: The 10th meeting of the FCC’s Informal Working Group 1 (IWG-1) Maritime, Aeronautical and Radar Services (WAC23) will be held on July 5. More information is available here.

IWG-2 meeting: The 10th meeting of the FCC’s Informal Working Group 2 (IWG-2) on Terrestrial Services (WAC23) will be held on July 5. Additional information is available here.

Cyberstability Conference 2022: The United Nations Institute for Disarmament Research (UNIDIR) will host its 2022 Cyberstability Conference on July 5. More information is available here.

ISPAB meeting: The Information Security and Privacy Advisory Board (ISPAB) will hold an open meeting on July 13-14. The agenda will be published closer to the date of the event. More information can be found here.

FCC Open Meeting: The next FCC public meeting is scheduled for July 14. Meeting details are available here. The agenda includes:

GovCIO Women Tech Leaders Event: GovCIO will host a Women Tech Leaders event where women in the federal tech workforce will present on July 14. More details are available here.

IWG-3 meeting: The 13th meeting of the FCC’s Informal Working Group 3 (IWG-3) on Space Services (WAC23) will be held on July 14. More information is available here.

IWG-4 meeting: The 11th meeting of the FCC’s Informal Working Group 4 (IWG-4) on Regulatory Matters (WAC23) will be held on July 14. Additional information can be found here.

International Cybersecurity Conference: The Federal Bureau of Investigation (FBI) and Fordham University will host the Ninth International Conference on Cyber ​​Security (ICCS 2022) July 18-20. Learn more here.

Precision Ag Connectivity Working Group Meeting:The next meeting of the FCC’s Precision Agriculture Connectivity Task Force will take place on July 21. More information can be found here.

NICE Federal Cybersecurity Workforce Webinar:NIST’s National Initiative for Cybersecurity Education (NICE) program will host a federal webinar on July 26 on employee development through rotation and exchange programs. Additional details can be found here.

Did you know?

TMT partners Duane Pozza and Kat Scott, attorney Joan Stewart and associate Tyler Bridegan hosted a webinar on “The FTC’s Changing Approach to Privacy.” See on demand here.

Wiley is pleased to announce that 19 TMT attorneys have been recognized by Legal 500 US nationwide in Telecommunications and Broadcasting: Regulatory and Transactional, and seven TMT lawyers have been recognized by United States Rooms for the Washington, DC area in Media & Entertainment: Regulatory and Telecom, Broadcast & Satellite. Learn more here and here.

Wiley created a Sanctions and Export Controls Resource Centerwhich hosts our latest information regarding sanctions, export controls, digital currency, cybersecurity and privacy, and other issues related to Russia’s invasion of Ukraine.

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