PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Congress’s Attempt to Repeal the FCC Internet Privacy Rules: The Void Will Be Filled

FCC Privacy Rules Repealed

Recently, Congress voted to overturn new FCC rules that regulated the privacy of broadband Internet Service Providers (ISPs).  The rules implemented the Communications Act, 47 U.S.C. § 222 to ISPs, requiring opt in for sharing sensitive customer data, opt out for sharing non-sensitive customer data, as well as transparency requirements.  Sensitive data includes precise geo-location, children’s […]

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The Future of the FTC on Privacy and Security

Co-authored by Professor Woodrow Hartzog The Federal Trade Commission is the most important federal agency regulating privacy and security. Its actions and guidance play a significant role in setting the privacy agenda for the entire country. With the Trump Administration about to take control, and three of the five Commissioner seats open, including the Chairperson, […]

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A Gaping Hole in Consumer Privacy Protection Law

Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. […]

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The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

Privacy and Security Training

The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it has been enforcing these issues for decades. An FTC civil investigative demand (CID) will send shivers down the spine of […]

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The Scope and Potential of FTC Data Protection

FTC Privacy and Security

I am pleased to announce the publication of my article, The Scope and Potential of FTC Data Protection., 83 George Washington Law Review 2230 (2015).  I wrote the article with Professor Woodrow Hartzog. The article addresses  the scope of FTC authority in the areas of privacy and data security (which together we refer to as […]

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Start with Security: The FTC’s Data Security Guidance

Recently, the FTC issued a short guide to what organizations can do to protect data security.  It is called Start with Security  (HTML) — a PDF version is here.  This document provides a very clear and straightforward discussion of 10 good information security measures.  It uses examples from FTC cases. […]

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5 Things the FTC Should Do to Improve Data Security in the Wake of Wyndham

Over at Fierce IT Security, Professor Woodrow Hartzog and I have a new essay, 5 Things the FTC Should Do to Improve Data Security in the Wake of Wyndham.  The piece discusses some enforcement strategies we believe the FTC should use to maximize its effectiveness in improving data security.  Our suggestions include: Do more proactive […]

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The FTC Has the Authority to Enforce Data Security: FTC v. Wyndham Worldwide Corp.

by Daniel J. Solove The U.S. Court of Appeals for the 3rd Circuit just affirmed the district court decision in FTC v. Wyndham Worldwide Corp., No. 14-3514 (3rd. Cir. Aug. 24, 2015).  The case involves a challenge by Wyndham to an Federal Trade Commission (FTC) enforcement action emerging out of data breaches at the Wyndham. […]

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Should the FTC Kill the Password? The Case for Better Authentication

Co-authored by Professor Woodrow Hartzog. Authentication presents one of the greatest security challenges organizations face. How do we accurately ensure that people seeking access to accounts or data are actually whom they say they are? People need to be able to access accounts and data conveniently, and access must often be provided remotely, without being […]

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Understanding the FTC on Privacy and Security

Privacy Training Blog FTC

by Daniel J. Solove I recently held a webinar about the Federal Trade Commission (FTC) for TRUSTe called Understanding the FTC on Privacy and Security.   The webinar is free and is archived at TRUSTe’s site. Here is a brief synopsis of the webinar: For the past nearly two decades, the FTC has risen to […]

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