D.C. Memo: Carr Rips 'Biden FCC' over Eleventh-Hour Salt Typhoon Vote
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FCC: It wasn't supposed to end this way. FCC Chairwoman Jessica Rosenworcel was told two months ago by top Capitol Hill Republicans to put her pencil down and hit pause on controversial items during the transition to President Trump. Judging by the tough statement released Wednesday afternoon by FCC Commissioner Brendan Carr — just five days before Republican Carr becomes FCC Chairman — Rosenworcel decided to disregard that directive, even though it was the same one she proposed to Republican FCC Chairman Ajit Pai in 2020 after President Biden won (see screenshot below.) Carr's statement – which he said he released on his own because Rosenworcel refused to – complained that Rosenworcel "forced a vote on a partisan, uncoordinated, and counterproductive approach to the Salt Typhoon cybersecurity threats." He was troubled not just about timing but also substance. He said Rosenworcel's plan was not "a serious and effective response" to the worst cyber intrusion in our nation’s history. "Indeed, not one Member of Congress, nor one official in the intelligence community has encouraged me to vote in favor of this FCC action. In fact, I was told that this type of FCC regulatory action at this moment would be counterproductive and deter the productive collaboration that is necessary today," Carr said. Rosenworcel is expected to release more information today. “No decision has been made, so [Carr’s] statement is erroneous and premature," Jonathan S. Uriarte, Rosenworcel's Director of Strategic Communications/Policy Advisor, said in an email Wednesday night. Uriarte also passed along a statement from White House National Security Advisor Jake Sullivan, saying: “The FCC’s Declaratory Ruling and Notice of Proposed Rulemaking is a critical step to require U.S. telecoms to improve cybersecurity to meet today’s nation state threats, including those from China’s well-resourced and sophisticated offensive cyber program.”
Apparently, Rosenworcel's rules were based on provisions in the Communications Assistance for Law Enforcement Act (CALEA) but Carr said the "FCC chooses to issue a decision that it does not even have the authority to adopt." The whole melodrama left Carr baffled. "The FCC has taken lawful, effective, and bipartisan actions on national security matters over the past four years. Why depart from that at the eleventh hour? For a headline? To tie the hands of the incoming Administration?" Just a hours earlier, Rosenworcel's colleagues displayed bipartisan goodwill as she conducted her final meeting as head of agency. But it seems the mood changed rather quickly. "The Biden Administration has left a lot of messes for others to clean up. Add this one to the pile," Carr said.