Anticipating The FTC's Commercial Surveillance Rule
By Ben Rossen and Brandon Abrams (February 18, 2022, 3:39 PM EST) -- The Federal Trade Commission recently announced that it may begin a commercial surveillance rulemaking under Section 18 of the FTC Act to "curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination."
While this announcement was not unexpected in light of calls from members of Congress that the FTC should enact rules in the absence of federal privacy regulation, it is nonetheless a significant departure for the FTC that could have major repercussions across vast swaths of the American economy.
Section 18 rulemaking — known as Magnuson-Moss rulemaking after the Magnuson-Moss Warranty Act...
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