Archive:2013

By Roberta Anderson and Nickolas Milonas

Given the prominence of recent cyber attacks, the importance of comprehensive cyber security policies in both the private and public sectors has received increased attention.  As part of a comprehensive approach to cyber security, cyber insurance can be a critical tool to identify and mitigate an organization’s data risks.  However, the wide range of potential risks faced by different organizations and the lack of standardized policy language in this emerging field can make selecting an appropriate policy difficult.  In light of these challenges, we recently developed a list of five key issues to consider when selecting a cyber insurance policy, including identifying an organization’s risk profile, checking against an organization’s existing policies, purchasing cyber insurance as-needed, covering third-party cloud providers, and recognizing the physical aspect of cyber security.

UPDATE:  The FCC issued a Public Notice with revised deadlines for filings affected by the government shutdown.

With the federal government reopening today, the Federal Communications Commission has temporarily suspended until further notice all filing deadlines that occurred during the shutdown or that will occur on or before October 21 (except for Network Outage Reporting System filings).  The FCC expects to issue further guidance on revised filing deadlines soon.

By Roberta D. Anderson

Every company is at cyber risk. Reports of high-profile cyber attacks make headlines almost every day and confirm the reality: cyber attacks are on the rise with unprecedented frequency, sophistication and scale. And it is abundantly clear that network security alone cannot entirely address the issue; no firewall is unbreachable, no security system impenetrable.

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The development of FirstNet, the federal authority within NTIA tasked with building a nationwide wireless public safety broadband network, remains a key concern for industry stakeholders and first responders over a year after its creation under the Middle Class Tax Relief and Job Creation Act of 2012. With its first meetings already completed, FirstNet’s board has begun consulting with state, local, and tribal entities regarding the requirements and priorities for the design of the nationwide network. FirstNet’s board continues to address unresolved issues related to deployment strategy, procurement approach, and leveraging resources from state and local governments and carriers. In addition, FirstNet has faced recent controversy regarding allegations by one board member that, among other things, public safety authorities have not been fully consulted regarding network deployment, and regarding potential conflicts of interest. There have also been concerns raised regarding the ability of the FirstNet broadband network to support “mission critical” voice communications.

These issues and others with be examined in a live webcast carried on Broadband US TV from 11:30-12:30 pm (ET) on May 16, 2013, entitled “FirstNet: Understanding the $7 Billion Opportunity . . . and Challenges.” Co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group will be joined by Jeff Cohen, Chief Counsel, Law and Policy, APCO International; Dan Draughn, Principal, Plexus Broadband, LLC; Mitch Herckis, Director of Government Relations, National Association of State Chief Information Officers; Kevin Krufky, Vice President, Public Affairs – Americas Region, Alcatel-Lucent; and Laura Waxman, Director of Public Safety, United States Conference of Mayors. The webcast will be carried live from the floor of the FOSE Government Technology IT Expo 2013 in Washington, D.C., and is the second in a series of conversations regarding FirstNet’s opportunities and challenges for state and local governments, carriers, infrastructure owners, and equipment manufacturers. The webcast will include an update on developments since BroadbandUS.TV’s first program on FirstNet and provide insights on what lies ahead for FirstNet.

You can access the webcast here (free registration required).

By Frank J. Schweitzer, Barton J. Gordon, and William A. Kirk

The United States and the European Union are set to launch negotiations this summer on a comprehensive agreement covering cross-Atlantic trade and investment known as the Transatlantic Trade and Investment Partnership (TTIP). In March, the Administration notified Congress that the President would initiate the TTIP negotiations, which will encompass a broad range of issues covering rules and disciplines related to cross-border trade in services, investment, telecommunications, electronic commerce, information and communication technology services, regulatory coherence, competition, technical barriers to trade, transparency, and intellectual property, among many others.

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By Brian McCalmon and J. Bradford Currier

The Federal Trade Commission has updated its primary business guidance for online advertising, “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.” The update to the guidance, which had not been revised since 2000, addresses the emergence of new electronic media and communications protocols over the last 13 years and compliance with the FTC Act’s requirement that ads be truthful and not misleading, adequately substantiated, and not unfair. Each of these mandates can require the disclosure of qualifying information in a manner that the FTC intends to be “clear and conspicuous” – i.e., easily accessed and understood by the consumer.

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It has been a year since Congress created FirstNet, a federal authority within NTIA tasked with building a $7 billion nationwide wireless public safety broadband network. With its board already appointed, FirstNet has begun planning, designing, and developing the public safety network, supported by a $121.5 million grant program to staff and implement state and local government planning and coordination activities. However, important issues remain involving FirstNet’s deployment strategy, potential network partners, procurement approach, and the complex task of leveraging resources and facilities from state and local governments, wireless carriers, utilities, and others. In addition, the availability of future funding for FirstNet’s $7 billion price tag is tied to the success of the FCC’s recapture and repacking of television broadcast spectrum and sufficient proceeds from the auction of broadcast spectrum for wireless broadband use. 

These issues and others will be examined in a live webcast carried on Broadband US TV from 1:00-2:30 pm (ET) on March 1, 2013, entitled “FirstNet:A Year Later – Understanding the $7 Billion Opportunity . . . and Challenges.” Co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group will be joined by Laura Pettus, Program Manager, NTIA Public Safety Interoperable Communications Grant Program, and an expert panel featuring Dr. Andrew Afflerbach, CEO/Director of Engineering – CTC Technology & Energy; Jeff Cohen, Chief Counsel, Law and Policy, APCO International; Martha Duggan, Senior Principal, Regulatory Affairs, National Rural Electric Cooperative Association; and Michael Hardiman, Director, Mission Critical Broadband Solutions, Alcatel-Lucent.

You can access the webcast here (free registration required).

By Nickolas Milonas, Marc Martin, and Paul Stimers

In the wake of recent cyber attacks on US banks, newspapers, and government agencies, President Obama signed an executive order to strengthen the nation’s cyber defenses and protect its critical infrastructure. The President announced the executive order during Tuesday’s State of the Union address, noting the order aims to increase “information sharing” between government and industry and to develop “standards to protect our national security, our jobs, and our privacy.”

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