federal trade commission

14,000,000 Leading Edge Experts on the ideXlab platform

Scan Science and Technology

Contact Leading Edge Experts & Companies

Scan Science and Technology

Contact Leading Edge Experts & Companies

The Experts below are selected from a list of 7611 Experts worldwide ranked by ideXlab platform

John M Yun - One of the best experts on this subject based on the ideXlab platform.

Joshua D Wright - One of the best experts on this subject based on the ideXlab platform.

Tad Lipsky - One of the best experts on this subject based on the ideXlab platform.

Chris Jay Hoofnagle - One of the best experts on this subject based on the ideXlab platform.

  • the federal trade commission s inner privacy struggle
    SSRN, 2018
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    Author(s): Hoofnagle, Chris | Abstract: The federal trade commission (FTC) is not of a single mind on privacy matters. Its privacy efforts are led by attorneys in the agency’s Bureau of Consumer Protection, who are entrusted with case selection. These privacy efforts are evaluated by economists in the agency’s Bureau of Economics, who are skeptical of information privacy crusades. The tensions between these groups is not well understood by outsiders, yet these tensions provide a powerful explanation for the FTC’s privacy enforcement behavior. Understanding these tensions will grow in importance as the President Trump administration shapes the FTC. Going forward, the Bureau of economics is likely to have a more central, public role in case selection. The Bureau of Economics will also push to have more cases pled under the agency’s unfairness theory, because this cause of action gives the economists more space to introduce cost-benefit analysis.This chapter discusses the cultural and ideological conflicts internal to the FTC on privacy, and explains why the lawyers at the commission are leading the privacy charge. This is because the Bureau of Economics is constitutionally skeptical of information privacy. Privacy skepticism reflects the economists’ academic methods and ideological commitments. While information privacy is a deeply multidisciplinary field, the Bureau of Economics adheres to a disciplinarity that bounds its inquiry and causes it to follow a laissez faire literature. Commitments to “consumer welfare,” concerns about innovation policy, lingering effects of Reagan-era leadership, the lack of a clearly-defined market for privacy, and the return of rule of reason analysis in antitrust also contribute to the Bureau of Economics’ skepticism toward rights-based privacy regimes.The chapter concludes with a roadmap for expanding the BE’s disciplinary borders, for enriching its understanding of the market for privacy, and for a reinvigoration of the FTC’s civil penalty factors as a lodestar for privacy remedies.

  • the federal trade commission s inner privacy struggle
    Social Science Research Network, 2017
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    The federal trade commission (FTC) is not of a single mind on privacy matters. Its privacy efforts are led by attorneys in the agency’s Bureau of Consumer Protection, who are entrusted with case selection. These privacy efforts are evaluated by economists in the agency’s Bureau of Economics, who are skeptical of information privacy crusades. The tensions between these groups is not well understood by outsiders, yet these tensions provide a powerful explanation for the FTC’s privacy enforcement behavior. Understanding these tensions will grow in importance as the President Trump administration shapes the FTC. Going forward, the Bureau of economics is likely to have a more central, public role in case selection. The Bureau of Economics will also push to have more cases pled under the agency’s unfairness theory, because this cause of action gives the economists more space to introduce cost-benefit analysis.This chapter discusses the cultural and ideological conflicts internal to the FTC on privacy, and explains why the lawyers at the commission are leading the privacy charge. This is because the Bureau of Economics is constitutionally skeptical of information privacy. Privacy skepticism reflects the economists’ academic methods and ideological commitments. While information privacy is a deeply multidisciplinary field, the Bureau of Economics adheres to a disciplinarity that bounds its inquiry and causes it to follow a laissez faire literature. Commitments to “consumer welfare,” concerns about innovation policy, lingering effects of Reagan-era leadership, the lack of a clearly-defined market for privacy, and the return of rule of reason analysis in antitrust also contribute to the Bureau of Economics’ skepticism toward rights-based privacy regimes. The chapter concludes with a roadmap for expanding the BE’s disciplinary borders, for enriching its understanding of the market for privacy, and for a reinvigoration of the FTC’s civil penalty factors as a lodestar for privacy remedies.

  • assessing the federal trade commission s privacy assessments
    IEEE Symposium on Security and Privacy, 2016
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    Regulators worldwide need to keep tabs on companies caught violating consumer protection rules. Assessments by outside accounting firms are a key tool for regulators to detect privacy and security problems. It's not widely known that an assessment, a term of art in accounting, is a less-intense evaluation than an audit. Also, in practice, assessments overseen by America's top consumer protection cop, the US federal trade commission, fall short of what's needed to ensure that information-intensive companies are protecting privacy and honoring promises. This article outlines five practical steps to make company oversight more effective.

  • federal trade commission privacy law and policy
    2016
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    The federal trade commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

  • federal trade commission privacy law and policy introduction and excerpt
    2016
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    federal trade commission Privacy Law and Policy is an in-depth history of the FTC’s 100-year-long consumer protection efforts. It explains how decades of false advertising enforcement informs today’s privacy efforts. It contains practical advice for lawyers practicing before the agency, strategy for advocates, and insight for policymakers on the challenge of addressing unfair and deceptive trade practices. Most importantly, the book provides context for the agency’s powers and procedure.The FTC’s regulation of technology and privacy is not new. The FTC’s first reported case concerned a company that treated cotton so that it could be passed off as silk. Its first privacy case dealt with an early kind of information broker that tricked people into revealing personal information so that debt collectors could locate them. Reviewing the history of these cases and the rationales that gave rise to the FTC helps us understand broader policy problems in consumer protection.

Douglas H Ginsburg - One of the best experts on this subject based on the ideXlab platform.