PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The FTC Zoom Case: Does the FTC Need a New Approach?

Co-authored by Prof. Woodrow Hartzog It was inevitable. On Monday, Zoom joined an exclusive club of tech companies – Facebook, LinkedIn, Twitter, Microsoft, Google, Uber, Snap, and more. This club involves companies that have been under a Federal Trade Commission (FTC) consent decree. In a weird sense, for tech companies, being enforced against by the FTC […]

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Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

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

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 TechTank.  The essay begins: Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the […]

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Speaking at the FTC Hearing on Data Security on December 12

12/13/18 Update: Here is the video from the session described below. On Wednesday, December 12, 2018, I’ll be speaking at the Data Security hearing, part of the FTC Hearings on Competition and Consumer Protection in the 21st Century.  My panel begins at 1:00 PM: The U.S. Approach to Consumer Data Security Wednesday, December 12, 2018 from […]

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

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: […]

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Did the LabMD Case Weaken the FTC’s Approach to Data Security?

Federal Trade Commission - Washington, DC

Co-Authored by Prof. Woodrow Hartzog On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 […]

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Why I Love the GDPR: 10 Reasons

GDPR Love 01

I have a confession to make, one that is difficult to fess up to on the US side of the pond: I love the GDPR. There, I said it. . . In the United States, a common refrain about GDPR is that it is unreasonable, unworkable, an insane piece of legislation that doesn’t understand how […]

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Will the FTC Remain a Leader on Privacy and Security?

FTC and Privacy and Security

In an unprecedented transition, the FTC just got a full slate of 5 new commissioners, three Republicans and two Democrats: Joe Simons (Chairman) – R Noah Phillips – R Christine Wilson – R Rohit Chopra – D Rebecca Slaughter – D It is difficult to predict how the FTC will approach privacy.  The new commissioners […]

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FTC v. AT&T Mobility

FTC v. ATT Mobility

In a very important decision, FTC v. AT&T Mobility (9th Cir. 2018 en banc),  the U.S. Court of Appeals for the 9th Circuit en banc reversed an earlier panel decision that severely limited the FTC’s jurisdiction to protect privacy and data security.  I strongly criticized the panel decision in an previous blog post. The FTC has taken […]

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Chart of FTC Commissioners and Chairpersons 1915-2018

The FTC released the above chart showing the history of Commissioners, Chairwomen and Chairman of the FTC from 1915 through the present day. According to the chart, The Federal Trade Commission is composed of five Commissioners, and their terms extend for seven years. The Commissioners are appointed by the President with the advice and consent […]

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