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Chevron ruling adds new wrinkle to US cybersecurity efforts

July 5, 2024
Contributed by: Drex DeFord
The recent U.S. Supreme Court decision to overturn the Chevron doctrine, which previously allowed courts to defer to federal agency interpretations of ambiguous statutes, could significantly impact regulatory actions by agencies like the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) concerning cybersecurity. This shift challenges the authority of these agencies, which have used older statutes to address modern cybersecurity issues in the absence of explicit congressional mandates. The ruling may particularly affect the FTC's initiative to establish extensive data privacy and security rules. Concurrently, the SEC's mandate requiring companies to report significant cybersecurity incidents has faced criticism and opposition from some congressional Republicans, highlighting ongoing debates over the appropriate scope and reach of federal cybersecurity regulation.
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