How Inter-Agency Cybersecurity Turf Disputes Should be Resolved

Editor’s Note: See, Why OIRA Needs to Coordinate Federal Cyber Security Regulation.

From: R Street

The FTC-FCC turf dispute over cybersecurity needs to be resolved

WASHINGTON – Shifting regulatory mandates have left broadband providers, websites, applications and other private actors in the internet ecosystem without clear direction on which federal agency—the Federal Trade Commission or the Federal Communications Commission—has primary jurisdiction over their cybersecurity practices, a new R Street Institute policy study finds.

While most commercial cybersecurity practices historically have been overseen by the FTC, a shift was initiated by the FCC’s 2015 decision to reclassify broadband providers as “common carriers” under Title II of the federal Communications Act. Further muddying the regulatory waters is that the FCC recently announced its intent to reverse the Open Internet Order’s Title II reclassification, a decision that could still be challenged in court.

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