FCC to Form 'Communications Security Council': New Advisory Group to Tackle Network Reliability and Security

The "Communications Security Act" (SEC. 1) directs the Federal Communications Commission (FCC) to set up a new advisory council focused on making our communication networks safer, more reliable, and better able to work together. Here's the breakdown:

Setting the Stage for Stronger Networks

Within 90 days, the FCC has to establish a council. (SEC. 2) This group will advise the FCC on how to boost the security, reliability, and interoperability of communications networks. Think of it as a brain trust for keeping our digital connections strong and secure.

Who's at the Table?

The FCC Chair picks the council members. (SEC. 2) The law says they should come from:

• The communications industry (but not companies considered "not trusted")
• Public interest groups
• Academic institutions (again, excluding any deemed "not trusted")
• Various levels of government (Federal, State, local, and Tribal)

Members serve two-year terms and are supposed to have the know-how to contribute. This could mean a good mix of perspectives, but the "not trusted" exclusion is a big deal (more on that below).

The "Not Trusted" Clause: Security or Exclusion?

The bill defines "not trusted" entities (SEC. 2) as those owned, controlled, or influenced by a "foreign adversary," or those the FCC Chair thinks pose a national security threat. They're using the criteria from the Secure and Trusted Communications Networks Act of 2019 to make this call.

• Real-World Impact: Imagine a small telecom startup with some foreign investment. If the FCC Chair deems them a risk, they're out. This could limit the range of voices and expertise on the council.
• The Concern: This gives the FCC Chair a lot of power. While national security is crucial, this kind of subjective judgment could potentially be misused.

Transparency Check

Every two years, the council has to submit reports to the FCC Chair, and these reports will be made public on the FCC website. (SEC. 2) This is a good thing – it means we get to see what they're recommending and hold them accountable.

The Big Picture

This bill is trying to tackle a real problem: keeping our communication networks safe and reliable. The council could provide valuable insights. However, the power given to the FCC Chair to exclude members, and the reliance on the potentially problematic "not trusted" definition, raises some real questions about fairness and potential bias. It's like setting up a team to solve a problem, but potentially stacking the deck with only certain kinds of players.