All posts in Consumer Privacy

The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress

Daniel Solove
Founder of TeachPrivacy

FTC

Over at Lawfare, I have an essay co-authored by Chris Hoofnagle and Woodrow Hartzog called The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress.  This piece is also posted at the Brooking Institution’s TechTankThe essay begins:

Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the agency is up to the task of protecting privacy. Many people, including some skeptics of the FTC’s ability to rein in Silicon Valley, lauded the settlement, or at least parts of it.

Others, however, saw the five-billion-dollar fine, oversight reforms, and compliance certification measures as a drop in the bucket compared to Facebook’s profits. Two dissenting FTC commissioners and other critics pointed out that the FTC did not change Facebook’s fundamental business model nor hold Mark Zuckerberg personally liable, despite hints that the company fell out of compliance with its original 2010 FTC consent order soon after that agreement was inked. Some privacy advocates and lawmakers even argued that the limits of the settlement are evidence that the FTC, the leading privacy regulator in the U.S. since the late 1990s, is no longer the right agency to protect our personal information from Big Tech. They support creating a new, consumer privacy-focused federal agency.

We think the FTC is still the right agency to lead the US privacy regulatory effort. In this essay, we explain the FTC’s structural and cultural strengths for this task, and then turn to reforms that could help the FTC rise to modern information privacy challenges. Fundamentally, the FTC has the structure and the legal powers necessary to enforce reasonable privacy rules. But it does need to evolve to meet the challenge of regulating modern information platforms.

You can read the rest of the essay over at Lawfare.

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Largest COPPA Penalty Ever – NY AG Settles with Oath (Formerly AOL)

Daniel Solove
Founder of TeachPrivacy

COPPA - TeachPrivacy Privacy Awareness Training 01

On December 4, 2018, New York Attorney General Barbara D. Underwood announced a $4.95 million settlement with Oath, Inc. (formerly known as AOL), for violating the Children’s Online Privacy Protection Act (COPPA). This is the largest penalty in a COPPA enforcement case in U.S. history.

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FTC Hearings on Competition and Consumer Protection in the 21st Century

Daniel Solove
Founder of TeachPrivacy

I’ll be speaking at the FTC Hearings on Competition and Consumer Protection in the 21st Century on a panel about consumer data on Thursday, September 13, 2018 at 3:15 PM.

UPDATE: You can see video of my panel at that hearing here.  Here’s a transcript.

My panel information is here:

The Regulation of Consumer Data
Participants:

Maureen K. Ohlhausen
Federal Trade Commission

Howard Beales
George Washington University School of Business

Daniel Solove
George Washington University Law School

David Vladeck
Georgetown University Law Center

Moderator: James Cooper
Federal Trade Commission, Bureau of Consumer Protection

More information about the day’s schedule is here.

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Cartoon: California Consumer Privacy Act

Daniel Solove
Founder of TeachPrivacy

Cartoon California Consumer Privacy Act - TeachPrivacy Privacy Training 02 small

The privacy world has been abuzz with the passage of the California Consumer Privacy Act of 2018.  In June 2018, within just a week, California passed this strict new privacy law.  Some commentators have compared it to the GDPR, but it is a much more narrow law and is a far cry from the GDPR.  Nevertheless, it is a significant entry in California’s considerable canon of privacy laws.

For more on California privacy laws, see this collection compiled by the California Attorney General.

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California Consumer Privacy Act of 2018 Resource Page

Daniel Solove
Founder of TeachPrivacy

In the period of just a week, California passed a bold new privacy law – the California Consumer Privacy Act (CCPA) of 2018. By January 1, 2020, companies around the world will have to comply with additional regulations related to the processing of personal data of California residents.

My California Consumer Privacy Act Resources page includes information about the CCPA including articles, news, blogs and more.

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