The article addresses the scope of FTC authority in the areas of privacy and data security (which together we refer to as “data protection”). We argue that the FTC not only has the authority to regulate data protection to the extent it has been doing, but that its granted jurisdiction can expand its reach much more. Normatively, we argue that the FTC’s current scope of data protection authority is essential to the United States data protection regime and should be fully embraced to respond to the privacy harms unaddressed by existing remedies available in tort or contract, or by various statutes. In contrast to the legal theories underlying these other claims of action, the FTC can regulate with a much different and more flexible understanding of harm than one focused on monetary or physical injury.
We contend that the FTC can and should push the development of norms a little more (though not in an extreme or aggressive way). We discuss why the FTC should act with greater transparency and more nuanced sanctioning and auditing.
The article was part of a great symposium organized by the George Washington University Law Review: The FTC at 100.
Here is a table of contents of the issue, along with links to where you can access each essay and article.
Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka. Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.”
After the Paris attacks, national security proponents in the US and abroad have been making even more vigorous attempts to mandate a backdoor to encryption.
“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law.
McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan). The treatise is a superb guide to this rapidly-growing body of law, and it is nicely succinct as treatises go. It is an extremely useful volume that I’m delighted I have on my desk. If you practice in this field, get this book.
It is essential that children learn about data privacy and security. Their lives will be fully enveloped by technologies that involve data. But far too little about these topics is currently taught in most schools.
Fortunately, there is a solution, one that I’m proud to have been involved in creating. The Internet Keep Safe Coalition (iKeepSafe), a nonprofit group of policy leaders, educators, and various experts, has released the Privacy K-12 Curriculum Matrix.
The Privacy K-12 Curriculum Matrix is free. It can be used by any school, educator, or parent. It contains an overview of the privacy issues that should be taught, including which details about each issue should be covered in various grade levels. It includes suggestions for appropriate learning activities for each grade level.