The Lawfare Podcast

Lawfare Archive: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal

Date: January 4, 2026
Featured Guests:

• Scott R. Anderson (Lawfare Senior Editor, Host)
• Brandon Van Grack (Lawfare Contributing Editor)
• Loyaan Egal (Chief, FCC Enforcement Bureau)

Overview

This episode dives deep into the Federal Communications Commission’s (FCC) expanding role in U.S. national security. Loyaan Egal, head of the FCC’s Enforcement Bureau, joins hosts Scott R. Anderson and Brandon Van Grack to discuss how the FCC addresses diverse security challenges—ranging from undersea cables and supply chain vulnerabilities to data privacy and election-related AI threats. Egal shares insights into the agency's evolving mandate, its interagency partnerships, and recent high-profile enforcement actions that signal a new era of regulatory assertiveness.

Key Discussion Points & Insights

1. Loyaan Egal’s Professional Background

[04:03]

• Egal’s career alternated between the Department of Justice (DOJ) and FCC.
• Helped create the FCC’s first white-collar fraud unit in 2014-17, evolving into the Fraud Division.
• Returned to DOJ to inaugurate the Deputy Chief position overseeing Team Telecom, focusing on telecom foreign investment and national security.
• Appointed by Chairwoman Jessica Rosenworcel in 2022 to lead the FCC’s Enforcement Bureau.

“My background prior to being at the FCC, I've ping-ponged a little back and forth between the FCC and DOJ... About 2014 I was asked to join the FCC to establish what then was the first white-collar fraud unit at the FCC.”
— Loyaan Egal [04:03]

2. FCC’s National Security Mandate and Unique Structure

[06:36], [14:46]

• Rooted in the Communications Act of 1934, the FCC holds a national security mission from its founding.
• It regulates everything from undersea cables to satellites, with consumer protection and critical infrastructure responsibilities.
• The FCC’s commission structure (five commissioners, led by a chairperson) and one-year statute of limitations for enforcement actions foster a distinctive blend of agility and consensus-driven decision-making.

“When Congress established the FCC, it stated that it was for purposes of the national defense. So the FCC has always had a national security mandate associated with the work that it does.”
— Loyaan Egal [06:36]

3. Enforcement Bureau: Evolution and Focus

[08:51], [17:45]

• The Enforcement Bureau ensures compliance with statutes and FCC rules, working closely with law enforcement at all levels.
• Since 2018, the FCC’s national security role has grown rapidly: rejecting licenses tied to Chinese state-owned firms, new statutes (e.g., Secure and Trusted Communications Networks Act), and responding to supply chain threats.
• Consent decrees (settlements) have become tools to enforce data breach and supply chain responsibilities.

“Recently, we’ve announced consent decrees with several telecom carriers that address data breaches of sensitive consumer data... That hopefully encompasses examples of how the Commission broadly and how the Enforcement Bureau specifically has been involved in the national security space.”
— Loyaan Egal [12:44]

4. Expanding Interagency and International Collaboration

[18:19]

• The FCC works with DOJ, DOD, DHS, Commerce, CFIUS, and ODNI, as well as international regulatory partners (Canada, UK, NZ, Australia).
• This collaboration enables rapid, well-informed responses to cyber incidents and supply chain threats.

“We have worked tirelessly to build the connective tissue with our partners in the interagency, working with my former colleagues at the Department of Justice National Security Division... and making sure that we doubled the number of people that had TS/SCI clearances.”
— Loyaan Egal [20:32]

5. Why the Recent Spike in Enforcement?

[23:52]

• Rising connectivity, data centrality, and geopolitical rivalries drive demand for stronger FCC action.
• New bodies and legislative mandates (e.g., Task Force on Privacy and Data Protection) were created under Chairwoman Rosenworcel.
• High-profile consent decrees signal increased scrutiny on how telecoms manage sensitive data and third-party vendors, not limited to foreign-investment triggers.

“Those enforcement actions have allowed us to do something that I see as an area... that needed to be filled... The FCC as a regulator can address many of those issues, even if it doesn't involve directly foreign investment.”
— Loyaan Egal [25:25]

6. Team Telecom vs. CFIUS: Key Differences

[31:00]

• Team Telecom assesses only telecom-related foreign investment risks; CFIUS spans broader sectors.
• Team Telecom decisions and mitigation agreements are public, while CFIUS is largely confidential.
• Team Telecom now has formal authority and processes after EO 13913.

“I always refer to when I was overseeing the Team Telecom portfolio as being the cousins that didn’t get the same attention that CFIUS received… Team Telecom, I think, finally got the teeth it needed.”
— Loyaan Egal [31:00 & 32:41]

7. Undersea Cables: Growing Geopolitical Flashpoint

[36:28]

• Nearly all global Internet traffic flows through undersea cables; tech giants now dominate ownership.
• Case study: Pacific Light Cable (US–Taiwan approved, US–Hong Kong denied) set precedent for public national security risk assessments.
• Recent enforcement actions targeted unauthorized cable connections.

“99% of information and data across the world traverses through submarine cables under the ocean… The value has become, for lack of a better term, through the roof.”
— Loyaan Egal [36:28]

8. Supply Chain Security and the “Covered List”

[43:24]

• The FCC manages a centralized list of companies or equipment designated as national security risks (e.g., Kaspersky).
• While only other agencies can add to the list, the Enforcement Bureau looks to coordinate referrals.
• Discussions ongoing about working closer with Commerce’s ICTS office.

“Congress... recognized that there needed to be one place that everyone could look at: where are companies that we should avoid for purposes of being inconsistent with U.S. national security interests.”
— Loyaan Egal [43:24]

9. Data Privacy, Cybersecurity, and the Task Force

[47:47]

• Telecoms must safeguard customer proprietary network information (CPNI)—metadata about calls, locations, etc.
• Enforcement actions have targeted illicit sharing or weak protection of location data, with consent decrees imposing requirements on data retention, minimization, and vendor oversight.
• Telecom data is “tier one” and thus a high-value target for adversaries.

“We look at privacy, data protection, cybersecurity as three separate disciplines with significant overlap... We know breaches are going to happen. But the protections you had in place… were they reasonable?”
— Loyaan Egal [47:47]

10. Looking Forward: AI-Enabled Election Interference and Robocalls

[53:11]

• The FCC sees growing risks as robocalls, phishing, spoofed numbers, and AI-enabled voice cloning converge (notably in election misinformation).
• Notable recent action: FCC intervened after AI-generated voice calls, impersonating President Biden, attempted to mislead New Hampshire voters in a primary.
• Emphasis on network resilience, threat identification, and cross-border cooperation.

"If a data breach occurs and bad actors are able to get sensitive information... they then target you more precisely... You add to that now generative AI and the ability to clone voices. That is a significant area of concern."
— Loyaan Egal [54:04]

Notable Quotes & Memorable Moments

• On Team Telecom’s Reputation:
  "A former FCC Commissioner, Michael O'Reilly, referred to Team Telecom as the black hole... That was a big impetus as to why the Executive Order 13913 formally established Team Telecom as a committee."
  — Loyaan Egal [31:00]

• On the Consequences of Undersea Cable Risk:
  "At a visceral level, you're connecting the United States to another country through a submarine cable. And so something like that requires the United States to be involved in making sure that that connection is not harmful to the United States."
  — Loyaan Egal [36:28]

• On Data as National Security:
  "I describe [telecom data] as tier one data, it's your pattern of life information... that's information you can't necessarily get from breaching a bank or a healthcare company."
  — Loyaan Egal [50:57]

• On AI Election Interference:
  "We moved quickly, being able to use our authorities to identify the traffic where it was coming from... and bring enforcement actions. An area of focus for us has been 'know your customer' in that space..."
  — Loyaan Egal [54:02]

Important Timestamps and Segments

| Time | Topic | |-----------|------------------------------------------------------------------------------------------| | 04:03 | Loyaan Egal’s career trajectory: DOJ to FCC to Team Telecom and Enforcement Bureau | | 06:36 | FCC’s historical national security mandate and regulatory reach | | 08:51 | Enforcement Bureau’s evolving role, pivotal cases, and notable enforcement actions | | 14:46 | Unique commission structure, approval process, tight legal deadlines | | 18:19 | Interagency/International relationships and capacity-building | | 23:52 | Drivers of increased enforcement, consent decrees, task force creation | | 31:00 | Differences between Team Telecom and CFIUS | | 36:28 | Undersea cables: value, ownership shift, and enforcement highlights | | 43:24 | Covered list rationale, supply chain enforcement, and Commerce ICTS partnership | | 47:47 | Data privacy enforcement, CPNI, and lessons from recent consent decrees | | 53:11 | The future: AI, robocalls, generative voice, and election security |

Conclusion

This episode reveals how the FCC, long overlooked in the national security space, is leveraging its regulatory muscle, legal acumen, and interagency clout to meet emerging threats—from cybercrime and data breaches to election-related AI disinformation. Loyaan Egal outlines both the legal and practical complexities of regulating the communications landscape, providing listeners with a comprehensive understanding of how the FCC is positioning itself at the nexus of technology, law, and national security.