Jeff Kosseff writes:
As the Federal Trade Commission takes an increasingly broad view of its authority to regulate privacy and consumer protection, one of the agency’s five commissioners is calling for a more cautious approach.
In a speech today to TechFreedom and the International Center for Law and Economics in Washington, D.C., Commissioner Joshua D. Wright disagreed with the Commission’s recent approach to regulating “unfair” practices under Section 5 of the FTC Act. Wright argued that before the Commission brings an “unfairness” complaint against a company, it first must conduct a rigorous economic analysis to determine whether the harms outweigh the consumer benefits.
Read more on Covington & Burling Inside Privacy.