Data Security, Privacy, Government Regulations

Overruling Chevron doctrine threatens federal cyber regulations

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The U.S. Supreme Court's recent overturning of the Chevron doctrine that provided federal agencies greater authority in interpreting federal laws not specified by the legislature was noted by cybersecurity experts to potentially jeopardize cybersecurity rules instituted by the Biden administration, reports CyberScoop.

Such a ruling reversal could prompt even more court challenges against Biden-era cybersecurity rules, which have been primarily dependent on reinterpretations of existing regulations, according to Center for Cybersecurity Policy and Law counsel Harley Geiger. "Congress has actually legislated relatively little when it comes to cybersecurity, including problems that are widely recognized, such as critical infrastructure cybersecurity, and this has understandably led the executive to revisit existing statutes to see where cybersecurity can fit into established missions for consumer protection, physical safety, and sector oversight," said Geiger, who also noted potential language changes in the Cyber Incident Reporting for Critical Infrastructure Act. New commercial surveillance and data security rules being finalized by the Federal Trade Commission could also be affected as they have been mainly hinged on the agency's statutory authority for unfair or deceptive practice regulation, noted Wiley Rein Privacy, Cyber, and Data Governance Practice co-chair Duane Pozza.

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