From: InternationalLawOffice.com
Introduction
Background
Updated network security guidance
Impact on smaller communications companies
Outsourcing of network security requirements
Equipment providers and supply chain risks
Industry standards
Current legislation
Comment
Consumers are increasingly using communications-based technologies in their day-to-day lives, growing more reliant on the underlying communications networks and services, and expecting more from their network and service providers. The importance of certain communications services is also changing, with demand for online shopping and banking services (among others) continuing to grow. Combine these developments with the fast pace of operational and technological change within the communications industry and it can be difficult for regulation to keep pace, especially in the areas of security and network reliability.
However, as the use and importance of communications networks and services continue to grow, so too do the concerns around security and reliability. Recognising these trends, and following its experiences with network security and reliability over the past two years, Ofcom released a call for input on December 13 2014 to help it understand the industry’s views on how network security and reliability can be better achieved. The call for input reviews Ofcom’s current guidance on network security and reliability and identifies specific issues on which Ofcom would like industry feedback.
Traditionally, telecommunications regulation has sought to protect consumers by ensuring availability of supply through universal service conditions and the promotion of competition within the communications industry. At the outset, little formal regulatory attention was paid to the security and reliability of the networks and services themselves. However, this position changed with the introduction of new Articles 13(a) and 13(b) to the European Framework Directive,(1) pursuant to the adoption of the Better Regulation Directive.(2) The incorporation of these articles into the framework directive created, for the first time, formal regulatory requirements concerning the security and integrity of networks and services.
The requirements set out in Articles 13(a) and 13(b) were transposed into English law on May 25 2011 when Sections 105 (A to D) were incorporated into the Communications Act 2003. To assist communications providers in complying with these new requirements, Ofcom also issued (and subsequently updated) guidance on the application of the network security requirements. It is this guidance that Ofcom is considering updating.
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