The Federal Trade Commission has faced a multitude of challenges to its enforcement authority, but there are signs that a recharged Commission will seek a consumer privacy comeback in the next year. So it bears asking: What would a restrengthened—and well funded—FTC look like? And what can legal practitioners reasonably expect regarding the FTC’s priorities in the new year?
Beleaguered by major enforcement hits, lack of staffing, and funding issues, the FTC has hit a regulatory rough patch these last few years. By my lights, it is worth examining three possible FTC strategies to bolster the regulator’s consumer privacy power: ...