DC Circ. Judge Says FTC Conduct Remedies Are Overly Harsh

Law360, Washington (November 7, 2014, 5:15 PM EST) -- Senior D.C. Circuit Judge Douglas H. Ginsburg criticized the Federal Trade Commission on Friday for imposing overly harsh remedies on high-tech companies for data breaches or perceived unfair business practices, claiming the marketplace can provide adequate penalties for some consumer harms.

In a panel at the FTC's 100th anniversary symposium, Judge Ginsburg specifically called out the agency's practice of imposing 20-year conduct remedies on companies that require them to undergo independent assessments, noting that the decadeslong decrees are too long and punitive for the fast-paced high tech industry.

In particular, the judge mentioned an HTC Corp. security settlement in July 2013,...

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