On July 18, 2023, the Federal Communications Commission (“FCC”) Chairwoman introduced a draft proposal to create a voluntary cybersecurity labeling program for Internet-enabled devices, commonly known as “smart” devices. Under the proposed program, qualifying smart devices would bear a new U.S. Cyber Trust Mark that signifies its compliance with cybersecurity standards set by the National Institute of Standards and Technology (“NIST”). These standards are based on existing criteria known to device manufacturers. The FCC proposal aims to provide consumers clear information regarding the security of their smart devices. If the proposal is adopted by a vote of the FCC, it would be issued for public comment, and could be implemented by late 2024.

Per the proposal, smart device companies and manufacturers would be able to voluntarily participate in the program. For those entities that opt into the program, smart devices that meet the cybersecurity criteria provided by NIST would be marked with the U.S. Cyber Trust Mark logo, which would appear next to a QR code on the packaging of the device. Consumers would be able to scan the QR code to access further, up-to-date information about the device. If the FCC adopts the proposal, the FCC will seek input regarding various elements of the proposal.

The proposal remains in its early stages and the text of the proposal is not yet publicly available. This is just the latest evidence of the FCC’s increasing focus on cybersecurity issues, however, and continues to mark the communications regulatory agency as another player in the complex regulatory landscape surrounding cybersecurity issues. Paul Hastings attorneys will continue to monitor these and other developments as we support our privacy and cybersecurity clients. If you have any questions, please do not hesitate to contact any member of our team.