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Hammers, Not Scalpels

FCC-Proposed Restrictions on Software Modifications Still Raising Industry Concerns

Despite reassurance from Chairman Tom Wheeler and others at the FCC (see 1510220039), industry continues to have deep concerns that the FCC’s proposed new device certification rules would prohibit third-party firmware installation on devices, including Wi-Fi routers, CTA and others said in replies in docket 15-170.

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The FCC’s move to more e-labeling in general is a good thing, and the FCC should move forward quickly, CTA said. But it also said there are broad concerns that the software security provisions will have unintended consequences. The revised rules could end up “making firmware updates more difficult and hampering manufacturers’ ability to repair software glitches in the field,” CTA said. “The record also reflects concern by hundreds of individuals that manufacturers will act with hammers rather than scalpels, complying with the new security requirements by ‘locking down’ their devices.”

In initial comments, New America’s Open Technology Institute said it told the FCC it “risks creating a scenario where, to guarantee compliance, the manufacturers have the incentive to implement restrictive software-based solutions that preclude the kind of tinkering and innovating that generates enormous public interest benefits.” It's clear, based on initial comments, that “this is not an isolated concern -- a large number of other commenters express related concerns,” the public interest group said in reply comments.

Boeing also raised concerns. “Boeing acknowledges the necessity of a level of assurance that RF devices perform consistent with the frequencies, power levels, and other attributes that form a condition of equipment approval,” it said. “At the same time, any rules adopted must ensure that engineers, systems designers, and security researchers continue to have access to the precise functions of these devices at a low level to enable them to upgrade, patch, or modify the unregulated aspects of the device.”

Cisco defended the FCC. Some commenters appear to misunderstand what the agency is trying to accomplish, the company said. “Cisco supports rules that would allow open source software to be used, and sees nothing in the proposed rules that would bar the use of Open Source software in FCC authorized receivers.”