Don't Act Alone on Ransomware: Simington to FCC

The FCC shouldn’t act on its own to combat ransomware attacks against communications networks unless a “whole of government” approach doesn’t materialize, said Commissioner Nathan Simington Thursday in a virtual Q&A with former Commissioner Robert McDowell, now at Cooley. Combating ransomware attacks like the recent strike against Sinclair isn’t outside the agency’s authority, but might be outside its capabilities, “unless Congress gives us another thousand people to man that desk,” Simington said (see 2110210045).

FCC anti-ransomware standards for licensees issued in isolation might conflict with standards from other agencies, Simington said. He would prefer uniform standards that agencies could then push out to regulatees, he said. But, “if the federal government doesn’t give us clear guidance,” the FCC might have to act, he said.

Simington again urged the wireless industry to come to the FCC with standards for wireless receiver quality before the agency is forced to create standards on its own. See also here. Simington said he’s not seeking “regulatory diktat” but saying the agency would need to act if industry doesn’t first. “We don’t want to set standards, but we could.” Minimum quality standards for receivers could make the devices more expensive but also squeeze out “the lower level” of operators, including some Chinese device makers, Simington said. Cybersecurity concerns for wireless receivers are better left to the Department of Homeland Security, but “signal security lies within our regulatory competence,” he said.

Simington doesn’t have any “material nonpublic information” about the state of potential FCC nominations but said he believes a 1-2 FCC would function similarly to the current setup: “The practical effect is very limited.” Simington said acting Chairwoman Jessica Rosenworcel is “exceptionally good to work with” and that in the current FCC, there hasn’t been “grandstanding or showboating” and no “furious dissents or nasty leaks to the press.” McDowell said, as a commissioner, he found a three-member commission “works better” than the full complement.

“It doesn’t seem to me there’s any question that online advertising has captured a significant share” of the broadcast ad market, said Simington. The FCC shouldn’t act on regulating online companies or online ads without coordinating with other federal agencies “so we don’t all end up suing each other,” Simington said. The FCC might not be Congress’ choice to implement changes to Communications Decency Act Section 230, the commissioner said, suggesting Congress could create another agency to address concerns about tech platforms.

The FCC should move on the 2.5 GHz auction as soon as the current 3.45 GHz auction is wrapped up (see here), Simington said: “I’m sure the commission feels the same sense of urgency.”