this post was submitted on 13 Dec 2023
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This is the best summary I could come up with:
Sen. Ted Cruz (R-Texas) and other Republican senators are fighting a Federal Communications Commission plan to impose new data-breach notification requirements on telecom providers.
Rosenworcel's data-breach proposal is scheduled for a vote at tomorrow's commission meeting, and it may ultimately be up to the courts to decide whether it violates the 2017 congressional resolution.
Cruz also protested a recent FCC vote to enforce rules that prohibit discrimination in access to broadband services, calling it "government-mandated affirmative action and race-based pricing."
The key legal question seems to be whether the FCC can re-implement one portion of the nullified rules as long as it doesn't bring back the entire privacy order.
Cruz and fellow Republicans say that Rosenworcel's plan would "resurrect a portion of the 2016 Broadband Privacy Order pertaining to data security."
We conclude that it would be erroneous to construe the resolution of disapproval as applying to anything other than all of the rule revisions, as a whole, adopted as part of the 2016 Privacy Order.
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