The FCC appears unlikely to make any moves to enforce the data privacy rules approved under the Biden administration, which were recently upheld by the 6th U.S. Circuit Court of Appeals, industry experts said Friday. Last week, the panel that decided the case agreed to hold it in abeyance pending the FCC’s review of the 2023 order, as the agency requested. The panel ordered the FCC to file status reports every 60 days, with the first due Dec. 16.

DOJ and the FCC asked the U.S. Supreme Court to overturn a decision by the 5th U.S. Circuit Court of Appeals that rejected a $57 million FCC fine against AT&T for violating the agency's data protection rules. The 5th Circuit ruled in April that the fine was unconstitutional because it denied AT&T's Seventh Amendment right to a jury trial. The 2nd Circuit later upheld a similar fine against Verizon, while the D.C. Circuit upheld one against T-Mobile (see 2509100056).

A coalition of 24 members of Congress, led by Sen. Eric Schmitt, R-Mo., and Rep. Scott Fitzgerald, R-Wis., urged the 6th U.S. Circuit Court of Appeals to rehear en banc an August decision that upheld the FCC’s data breach notification rules, despite a Congressional Review Act action in 2017 that overturned similar requirements in other privacy rules (see 2508140052). Right-leaning interest groups also asked for rehearing, as sought by ISPs (see 2509290066). Briefs were filed Monday in case 24-3133.

The FCC’s Communications Security, Reliability and Interoperability Council (CSRIC) unanimously approved a report Thursday on “best practices” for the FCC and industry on the ethical and practical use of AI and machine learning (ML). The report, which examines privacy and new risks for telecom networks, wasn’t released Thursday.

The 2nd Circuit U.S. Court of Appeals on Wednesday upheld a $46.9 million fine against Verizon for violating FCC data rules. Judges heard the case in April and appeared skeptical of claims that Verizon had the right to a jury trial before the FCC handed down the fine (see 2504290060).

The U.S. Court of Appeals for the 2nd Circuit on Wednesday upheld a $46.9 million fine against Verizon for violating FCC data rules in a decision that could trigger the U.S. Supreme Court to take the case, given the current split in the circuits (see 2509100019). In August, the D.C. Circuit upheld a similar fine against T-Mobile (see 2508150044), while the 5th Circuit earlier rejected a fine imposed on AT&T (see 2504180001).

A three-judge panel of the 5th U.S. Circuit Court of Appeals denied an en banc rehearing of the rejection of a $57 million FCC fine against AT&T for violating the agency's data protection rules. The panel modified its April opinion slightly, removing language that referred to a 2012 5th Circuit decision in U.S. v. Stevens (see 1208210038).

The U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s $80 million data breach forfeiture in a unanimous opinion handed down Friday (see 2508150014). T-Mobile was also fined $12.2 million for violations by Sprint, which it later acquired. Judges appeared skeptical of T-Mobile's arguments when the case was heard in March (see 2503240048). T-Mobile is reviewing the decision, a spokesperson said Friday.

Industry will likely turn to the FCC to address a 6th U.S. Circuit Appeals Court decision on Wednesday upholding the agency’s 2024 data breach notification rules. When the rules were approved, now Chairman Brendan Carr and former Republican Commissioner Nathan Simington dissented.

Steps that EU countries are taking to protect data have major implications for the telecom sector, Sean Casey, senior vice president-product management at CSG, a software and services provider, said Thursday during a Mobile World Live webinar. Other speakers said geopolitical considerations are playing a big role in how carriers manage their move to the cloud and regulators are paying more attention to where data is stored.