Since the Federal Trade Commission began bringing data security enforcement actions in 2002, no court had ruled on the substantive merits of the FTC’s approach. A panel of three Eleventh Circuit judges decisively rejected the FTC’s use of broad, vague consent decrees, in the LabMD v Federal Trade Commission ruling that the Commission may only bar specific practices, and cannot require a company “to overhaul and replace its data-security program to meet an indeterminable standard of reasonableness.” We are joined by TechFreedom’s President Berin Szóka and Legal Fellow Graham Owens. They explain why this case is so crucial, what’s next for the FTC and what policy changes can be on the horizon.
#324: Parler Games
#323: Florida & Texas vs. the Internet
#322: FTC Commissioner Noah Phillips
#321: Musk’s Moderation Musings (And Beyond)
#320: The Right and Social Media
#319: Remember FAANG?
#318: The Universal Service Fund
#317: Making Progress
#316: Putin’s War and the Internet
#315: Social Media “Transparency” as First Amendment Violation
#314: The State of Internet Freedom
#313: Responding to the Broadband Populists
#312: Web3
#311: Administrative Law, and Why You Should Care
#310: Algorithmic Amplification
#309: Conspiracy Theories and the Internet
#308: All Eyes on the FTC
#307: Complexity Theory in One Lesson
#306: The New Space Race
#305: FISA at the Supreme Court
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