Commenting on the Comments: An expert take on the direction of FTC privacy rulemaking
Watch the Event
The International Center for Law & Economics (ICLE) hosted an Oct. 20, 2022 webinar on the Federal Trade Commission’s (FTC) Advanced Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security.:
What: An hour-long webinar panel on the FTC’s Advanced Notice of Proposed Rulemaking (ANPRM) on Commercial Surveillance and Data Security.
Where and When: Oct. 20, 2022 at Noon ET online. Please register here for the livestream link.
Why you should care about this issue: In August, the FTC published an advanced notice of proposed rulemaking (ANPRM) and a call for public comments regarding what the commission calls “commercial surveillance and lax data security practices.” The 95 questions the FTC asks in the ANPRM outline a view of privacy and data security that could make illegal or impractical a wide swath of the practices—and even many of the underlying business models—that drive the modern tech economy. On top of this, the FTC has invoked its rarely used Section 18 (or “Magnuson-Moss”) rulemaking authority, which comes with a number of procedural hurdles. Thus, not only is the scope of this rulemaking inquiry extremely broad, but the powers and procedures upon which the FTC is relying—including some newly amended internal processes—are largely untested.
Panelists:
- Moderator: Gus Hurwitz, Professor of Law at University of Nebraska and ICLE scholar
- Dan Gilman, Senior Scholar of Competition Law at ICLE and former FTC Advisor
- James Cooper, Professor of Law at Antonin Scalia Law School
- Jane Bambauer, Professor of Law at University of Arizona
Please join us on Oct. 20 to discuss the rulemaking, including the comments that ICLE has submitted to the FTC.
