Finally, the President’s Executive Orders on regulatory reform, which Chairman Genachowski has endorsed, directed federal agencies to review and repeal rules that “may be outmoded, ineffective, . . . or excessively burdensome[.]”14 The Commission’s “Preliminary Plan for Retrospective Analysis of Existing Rules” carries forward that mission. The encryption prohibition rule is a perfect candidate for revision since, at a minimum, it (1) “has been affected by changes in technology … [and] changes in market structure; (2) has a disproportionate or undue burden on particular entities … [and] could result in greater net benefits to the public if modified; and (3) has been subject to frequent requests for waivers by affected stakeholders . . . .”15
Created
April 21, 2016 02:20
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