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 […]
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 […]
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. […]
by Daniel J. Solove This post was co-authored with Professor Woodrow Hartzog. This past Tuesday the Federal Trade Commission (FTC) filed a complaint against AT&T for allegedly throttling the Internet of its customers even though they paid for unlimited data plans. This complaint was surprising for many, who thought the Federal Communications Commission (FCC) was […]
by Daniel J. Solove This post was co-authored by Professor Woodrow Hartzog. The long-awaited federal district court opinion in FTC v. Wyndham was finally released last week. The U.S. District Court for the District of New Jersey rejected Wyndham’s arguments that the FTC lacks the authority to regulate unfair data security practices, that the FTC […]
by Daniel J. Solove The case has been quite long in the making. The opinion has been eagerly anticipated in privacy and data security circles. Fifteen years of regulatory actions have been hanging in the balance. We have waited and waited for the decision, and yesterday, it finally arrived. The case is FTC v. Wyndham, […]