Showing archive for: “Privacy & Data Security”
Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
In recent years much ink has been spilled on the problem of online privacy breaches, involving the unauthorized use of personal information transmitted over the Internet. Internet privacy concerns are warranted. According to a 2016 National Telecommunications and Information Administration survey of Internet-using households, 19 percent of such households (representing nearly 19 million households) reported ... Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
Yesterday, the International Center for Law & Economics filed reply comments in the docket of the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of ... The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Last week the International Center for Law & Economics filed comments on the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of Law Justin (Gus) Hurwitz, Assistant Professor of ... The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Congressional testimony on legislative reform proposals for the FTC
Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony was drawn from a 100 page report, authored by Berin Szoka and me, entitled “The Federal Trade Commission: Restoring Congressional Oversight of the Second National Legislature — An ... Congressional testimony on legislative reform proposals for the FTC
Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms
The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly as lawyers seek to shoehorn wholly inappropriate technologies and circumstances into its ambit. The latest chapter in the book of badly aging laws comes to us courtesy of yet another ... Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms
FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
Earlier this month, Federal Communications Commission (FCC) Chairman Tom Wheeler released a “fact sheet” describing his proposal to have the FCC regulate the privacy policies of broadband Internet service providers (ISPs). Chairman Wheeler’s detailed proposal will be embodied in a Notice of Proposed Rulemaking (NPRM) that the FCC may take up as early as March ... FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
The FCC doesn’t have authority over the edge and doesn’t want authority over the edge. Well, that is until it finds itself with no choice but to regulate the edge as a result of its own policies. As the FCC begins to explore its new authority to regulate privacy under the Open Internet Order (“OIO”), ... The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
I have small children and, like any reasonably competent parent, I take an interest in monitoring their Internet usage. In particular, I am sensitive to what ad content they are being served and which sites they visit that might try to misuse their information. My son even uses Chromebooks at his elementary school, which underscores ... No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
Wyndham Decision Highlights FTC Role in Cybersecurity: Legal and Policy Considerations
On August 24, the Third Circuit issued its much anticipated decision in FTC v. Wyndham Worldwide Corp., holding that the U.S. Federal Trade Commission (FTC) has authority to challenge cybersecurity practices under its statutory “unfairness” authority. This case brings into focus both legal questions regarding the scope of the FTC’s cybersecurity authority and policy questions ... Wyndham Decision Highlights FTC Role in Cybersecurity: Legal and Policy Considerations
Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
Josh Wright will doubtless be remembered for transforming how FTC polices competition. Between finally defining Unfair Methods of Competition (UMC), and his twelve dissents and multiple speeches about competition matters, he re-grounded competition policy in the error-cost framework: weighing not only costs against benefits, but also the likelihood of getting it wrong against the likelihood ... Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
The Good, Bad, and the Ugly of the EU’s Proposed Data Protection Regulation
Nearly all economists from across the political spectrum agree: free trade is good. Yet free trade agreements are not always the same thing as free trade. Whether we’re talking about the Trans-Pacific Partnership or the European Union’s Digital Single Market (DSM) initiative, the question is always whether the agreement in question is reducing barriers to ... The Good, Bad, and the Ugly of the EU’s Proposed Data Protection Regulation
Don’t wanna brag or nothin, but critics have been right about net neutrality so far: TWC complaint and the Consumer Watchdog petition show it
Remember when net neutrality wasn’t going to involve rate regulation and it was crazy to say that it would? Or that it wouldn’t lead to regulation of edge providers? Or that it was only about the last mile and not interconnection? Well, if the early petitions and complaints are a preview of more to come, ... Don’t wanna brag or nothin, but critics have been right about net neutrality so far: TWC complaint and the Consumer Watchdog petition show it
