FTC Process and the Misguided Notion of an FTC “Common Law” of Data Security

The FTC's Misguided Notion of a “Common Law” of Data Security

"Commissioner Brill and a few academics have described the FTC’s data security settlements as developing a “common law” of data security. It is not readily apparent, however, that the over 50 independent complaints and settlement agreements between the FTC and particular companies amounts to what is traditionally understood as the common law.

Scholarship