Meru Data Podcast Features Sidley Associate Lauren Kitces
Sidley associate Lauren Kitces was featured on Simplify For Success, a podcast series presented by Meru Data and hosted by Priya Keshav. Lauren discussed FTC’s proposed rulemaking regarding data privacy and data security, and shared her thoughts on how to prepare for the FTC enforcement.
FTC Defends Expansive Privacy and Data Security ANPR at Public Forum
The FTC continues its defense of the wide-reaching Advance Notice of Proposed Rulemaking (ANPR) on “Commercial Surveillance and Data Security” that the Commission, by a 3-2 vote, issued in August. (See the supporting statements of Chair Lina Khan and Commissioners Rebecca Slaughter, and Alvaro Bedoya, and the dissenting statements of Commissioners Christine Wilson and Noah Phillips.)
On Thursday, September 8, the FTC hosted a public forum on the notice, featuring remarks by Chair Khan, Commissioner Bedoya, and panels featuring guests representing industry and consumer interests. (more…)
FTC ANPR Explores Wide Ranging Topics for Privacy and Cybersecurity Rulemaking
On Thursday, August 11, the Federal Trade Commission (“FTC”) announced that it is exploring rules to crack down on harmful commercial surveillance and lax data security practices. The FTC’s Advance Notice of Proposed Rulemaking (“ANPR”) solicits public comment on whether it should put into effect new rules and restrictions concerning standards and requirements for information security, the ways in which companies collect and process data in commercial contexts, and whether any practices related to the transfer, sharing, selling, or other monetization of personal information should be categorized as unfair or deceptive. The FTC voted 3-2 to publish the notice, with Chair Khan and Commissioners Slaughter and Bedoya voting in favor and issuing separate statements. Commissioners Phillips and Wilson voted against publication and also issued separate dissenting statements. The following Monday, Commissioner Phillips announced he would be leaving the FTC this fall.
Suits Against Google Signal Increased ‘Dark Patterns’ Scrutiny
*This article first appeared on Law360 on June 16, 2022
Pending lawsuits against Google LLC illustrate how regulators and plaintiffs lawyers are increasingly wielding a dark patterns theory in challenging companies’ practices involving consumers.
The attorneys general of Washington, D.C., Washington state, Texas and Indiana all filed complaints against Google, alleging that the company tricks consumers into providing their location data, on Jan. 24. (more…)
FTC Announces it May Pursue Rulemaking to Combat Discrimination in AI
On December 10, the Federal Trade Commission (FTC) announced it is considering a rulemaking on commercial Artificial Intelligence (AI). The purpose of the rulemaking, according to an advanced notice of proposed rulemaking (ANPRM) titled “Trade Regulation in Commercial Surveillance,” would be “to curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”
While not formally part of the rulemaking process mandated by the Administrative Procedure Act, advanced notices allow agencies to solicit public comment before drafting more specific proposals. The FTC has not yet issued privacy or artificial intelligence rules, though it has indicated that such rulemaking is on the horizon. The December 10 ANPRM is another signal that the FTC is gearing up to develop substantive privacy guidelines. (more…)
