FTC's Increasingly Aggressive Assertion Of Authority

Law360, New York (October 9, 2013, 5:06 PM EDT) -- In recent actions against a medical laboratory, a marketer of home-monitoring cameras and a mobile device manufacturer, the U.S. Federal Trade Commission has signaled its intent to expand its aggressive assertion of authority under the Federal Trade Commission Act’s “unfair trade practices” prong to regulate a broader range of data security practices and product design features.

These three actions are among a number of actions the agency has taken that reflect its increasingly expansive view of its authority in data security matters. They are particularly noteworthy, though, for the trends they represent.

One of the actions, brought against mobile device maker...

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