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What would Wyden’s draft require?
The draft would direct the FCC to create cybersecurity regulations for telecommunications systems. The Commission would develop the requirements in consultation with the Director of the Cybersecurity and Infrastructure Security Agency (CISA) and the Director of National Intelligence. The stated aim is to prevent unauthorized interception, including attacks involving advanced persistent threats. Wyden’s announcement and the bill summary describe the proposal, but do not establish that Congress formally introduced or passed it. Wyden’s December 10, 2024 announcement and the one-page summary outline these proposed duties.
Annual tests and corrective action
Carriers would test their systems annually for susceptibility to unauthorized interception. They would take corrective measures indicated by the tests and document both the findings and their responses.
Independent audits and FCC reporting
The proposal would also require carriers to obtain an independent annual assessment of compliance. Carriers would document audit findings, including any noncompliance, and submit the relevant test and audit materials to the FCC each year. The submission would include a written compliance statement signed by the carrier’s CEO and CISO, or equivalent officers.
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The summary does not prescribe specific technical controls, an implementation schedule, or penalties. Instead, it assigns the FCC responsibility for designing the requirements with input from CISA and the Director of National Intelligence.
How CALEA and later FCC actions fit in
The proposal sits against the background of the Communications Assistance for Law Enforcement Act (CALEA), enacted in 1994. As the Government Accountability Office (GAO) explains, Section 105 requires carriers to ensure that interception of communications or access to call-identifying information at switching premises occurs only with a court order or other lawful authorization and the affirmative intervention of a carrier employee. CALEA also gives the FCC rulemaking responsibilities.
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On January 16, 2025, the FCC issued a declaratory ruling interpreting Section 105 as imposing cybersecurity duties on carriers. The ruling identified practices including role-based access, replacing default passwords, minimum password strength, multifactor authentication, and patching known vulnerabilities. But the FCC later rescinded that ruling: its November 21, 2025 order on reconsideration announced a revised interpretation and policy. The January ruling should therefore not be described as still in effect.
What GAO decided about the FCC’s 2025 reconsideration order
On July 29, 2026, GAO concluded that the FCC’s reconsideration order met the Administrative Procedure Act’s definition of a rule for purposes of the Congressional Review Act (CRA), that no exception applied, and that the order was subject to CRA submission requirements. The submission requirement concerns sending the rule to Congress and the Comptroller General before it takes effect. This was GAO’s legal decision, not a court judgment. It addressed the FCC’s reconsideration order; it did not determine the status or validity of Wyden’s draft bill. Read GAO decision B-338053.
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What this means for telecom cybersecurity obligations
There are three distinct developments: Wyden’s 2024 draft proposed a new statutory mandate; the FCC’s January 2025 ruling interpreted existing CALEA authority to impose cybersecurity duties; and the FCC rescinded that ruling in November 2025, after which GAO addressed the CRA requirements for the reconsideration order. The draft bill’s annual testing, audits, and reporting describe what carriers would have to do if the proposal became law and the FCC issued the contemplated rules—not obligations established by the draft itself.
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