The Federal Communications Commission announced May 22 its approval of new rules designed to ensure that entities that test, review, and certify wireless electronic devices for importation, marketing, and sale in the U.S. do not have ownership interests that present national security risks, “including the risk that they would do the bidding of a foreign adversary.”
According to the FCC, all electronic devices that emit radio frequencies – including Internet of Things devices, computers, fitness trackers, network gear, smartphones and baby monitors – must be authorized for use in the U.S. Each year, private test labs and telecommunication certification bodies test tens of thousands of these devices and certify that they comply with various FCC rules. Accreditation bodies assess the test labs for competency and impartiality.
The FCC states that certification bodies, accreditation bodies, and some test labs must be recognized by the Commission to perform these functions. The eligibility criteria for such recognition have been based primarily on technical competence, but the new rules also ensure that these entities are not untrustworthy actors.
For example, the FCC has reviewed currently recognized labs and found that some potentially have deep ties to the Chinese Communist Party. The risks of such ties were highlighted in a recent note to the FCC from the Department of Justice’s National Security Division, which said that “if foreign adversaries were to infiltrate this segment of the supply chain, they could exploit it on a broad scale – potentially authorizing compromised equipment, submitting fraudulent compliance documentation, or misappropriating sensitive intellectual property and business intelligence from U.S. companies to advance their own national interests.”
For that reason, Chairman Brendan Carr added, the FCC will also be seeking comments on ways to increase capacity to test and certify imported electronics in the U.S., since about 75 percent of all electronics are currently tested in labs located in China.
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