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ZwillGen Lawyers See Gomez Likely 3rd Vote on FCC Cybersecurity, Data Privacy Matters

If the Senate confirms Democratic FCC nominee Anna Gomez, Chairwoman Jessica Rosenworcel could count on “a critical third vote” on new cybersecurity and data privacy matters that “are likely to feature prominently in the expected forthcoming wave of policymaking” that…

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would follow a shift to a 3-2 Democratic commission majority, said ZwillGen lawyers Alex Stout and Jon Frankel in a Wednesday blog post. Senate Majority Leader Chuck Schumer, D-N.Y., filed cloture on Gomez just before the August recess, teeing up likely floor votes on her the week after Labor Day (see 2307280074). “The FCC has a fulsome agenda for cybersecurity and data privacy” that Rosenworcel will likely “push rapidly to accomplish," since the FCC has been in a 2-2 tie for more than two years, Frankel and Stout said. Gomez “has said little on the record on cybersecurity and data privacy,” but “we expect that” she will “largely support” Rosenworcel’s agenda. Rosenworcel’s Privacy and Data Protection Task Force (see 2306140075) “will be center stage in this effort,” as will forward movement on a January NPRM on revised rules for wireless carriers to report data breaches, the lawyers said: The task force “already resuscitated a SIM-swap proposal and will likely similarly take the lead on turning the FCC’s 2022 notice of inquiry seeking comment about cybersecurity vulnerabilities of the internet’s Border Gateway Protocol global routing system (see 2202250062) “into a final proposal.” Rosenworcel’s proposed voluntary cybersecurity labeling program for smart devices (see 2307180054) also “looks to catapult the FCC into a consumer-facing role on securing” that equipment, Frankel and Stout said.