As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the third post in our series on what to expect from the FTC under Ferguson as chair.
Our previous posts examined Ferguson’s broad regulatory philosophy of
While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in particular: children’s privacy and location data. This is the second post in our series on what to expect from the FTC under
Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy enforcement. Ferguson’s public statements, concurrences, and dissents provide valuable insight into his regulatory philosophy and what companies can expect
Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as, “This website uses cookies. By clicking ‘accept,’ you consent to the use of all cookies.” Many states require companies to provide
Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate risk by standardizing processes and procedures to handle certain common or low-risk situations. This is helpful in streamlining repetitive inquiries that
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data Protection Board (EDPB), and how those findings may affect future models where privacy is considered “for sale.”
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory concerns about Meta’s vast data collection and surveillance-based advertising system that tracks consumers across websites. The concept introduced a
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures that meet government- and industry-recognized standards. Specifically, Florida House Bill No. 473 (H.B. 473), known as the Cybersecurity Incident Liability Act, was
As Cybersecurity Awareness Month comes to an end and the spooky season of Halloween is upon us, no one wants to live through a cybersecurity horror story. There are some simple precautions every business and household can participate in to help keep their data and information safe. We have outlined a few below with a
On October 10, 2023, California Gov. Gavin Newsom signed SB 362 into law. The “Delete Act” is a key piece of privacy legislation designed to further protect consumer online privacy rights and place further obligations on data brokers.
The Delete Act heavily amends California’s existing data broker law and seeks to establish a one-stop shop
This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer safety advocates, and anti-drug coalitions on one hand, and the DEA, privacy experts, and constitutional scholars on the other.
As currently