Federal Trade Commission Privacy Law and Policy (FTCPL&P) is my 2016 book on the FTC. It is really two books. The first part details the agency’s consumer protection history from its founding, and in so doing, it sets the context for the FTC’s powers and how it is apt to apply them. The book has an institutional analysis discussing the internal dynamics that shape agency behavior. It details how the FTC policed advertising with treatments of substantiation, the Chicago School debates, the problem of advertising to children, and the Reagan revolution. The second part of the book explains the FTC’s approach to privacy in different contexts (online privacy, security, financial, children’s, marketing, and international). One thesis of the book is that the FTC has adapted its decades of advertising law cases to the problem of privacy. There are advantages and disadvantages to the advertising law approach, but do understand that if you are a privacy lawyer, you are really an advertising law lawyer 🙂
FTCPL&P has been reviewed in the Journal of Economic Literature, the ABA Antitrust Source, the European Data Protection Law Review, World Competition, and the International Journal of Constitutional Law. offers comprehensive consulting, management, design, and research solutions. Every architectural endeavor is an opportunity to shape the future
FTC Posts
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On the Printers’ Ink Model Statute
In 1911, Harry D. Nims, was hired by Printers’ Ink magazine to write a model law to address the problem of deceptive advertising.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1] It read: Any person, firm, corporation or association who,…
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The FTC’s Gangs
In 1967, with regional offices in large population centers such as Boston, New York City, Houston, and Atlanta, why would the FTC create a new office in Oak Ridge, Tennessee (population 28,000)? The Nader Report in 1969 critiqued the FTC’s cronyism, particularly with political forces from Tennessee. The Yale and Harvard students on the Nader…
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Before LabMD There Was JS&A
Joseph Sugarman is a beloved advertiser. He was a leader in mail order and direct marketing in the 1970s and 1980s. You may remember his ads for microelectronics and “BluBlocker” sunglasses. These were text-heavy ads, imbued with dreamy optimism of an improved life through gadgetry. They are a delight to read and Sugarman’s style is…
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Sidebar: The 1964 Surgeon General’s Report on Smoking and the Cigarette Rule
The FTC often experiences “blowback” when it does its job well. Consider the FTC’s dutiful attempt to quickly require warning labels on cigarettes following the seminal 1964 Surgeon General’s report. The Commissioners gathered on a Saturday morning to read the long anticipated report (it was released on the weekend to avoid affecting the stock market)…
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Sidebar: On Man Controlling Trade
Almost 250 artists submitted models in a competition for public sculptures to accompany the Federal Trade Commission. Works Progress Administration artist Michael Lantz (1901–1988) won the “Apex Competition,” named so because the statuary would be placed at the apex of Federal Triangle. Lantz, surviving on a $94/month job, won $46,500 for the competition (about $750,000…
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Notes from a Naïf on Native Advertising: Impressions from the FTC’s Workshop on Advertorials and other Disguised Advertising
Moving a bit out of my comfort zone of information privacy law, I participated in the Federal Trade Commission’s Blurred Lines, Advertising or Content Workshop on “native advertising” this week. I was surprised to learn about how much advertisers have breached the wall between editorial and advertising. It was also surprising to see how much confusion existed…
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Behold, A New Trade Group, the “Internet Association”
BNA reports on the formation of the Internet Association, a new trade group that will represent Google, Facebook, eBay, and Amazon. The group introduces itself as, “the unified voice of the Internet economy, representing the interests of America’s leading Internet companies and their global community of users. The Internet Association is dedicated to advancing public…
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Identity Theft: Making the Unknown Knowns Known
Update: The New York Times reported on my article yesterday. In February, three reports from respected organizations were released on identity theft. According to Javelin Strategy and Research, “…8.4 million adult Americans…learned last year that criminals committed fraud with personal data such as credit card or Social Security numbers. That’s down from 8.9 million in…
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Javelin & Lysenko
I’ve been thinking of ways to make it clear why I think Javelin Strategy’s conclusions on identity theft are bogus. In a previous post, I explained why companies like those that pay for Javelin’s research (Visa, Wells Fargo) want you to believe that identity fraud is committed by people “connected to the victim.” This is…
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Javelin’s Specious ID Theft Findings
2007 brings another identity theft survey from Javelin Strategy. As usual, it strives to conclude that identity theft is on the decline and that most identity theft is the result of information being stolen from the victim. Both conclusions are dead wrong. Why? Javelin’s study doesn’t detect “synthetic identity fraud.” Public polling on identity theft…
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Synthetic Identity Theft: Even Fake People Can Get Credit
Many in the privacy and security field have been aware of “synthetic person” identity theft for some time. In these cases, a fake or “synthetic” person is created in the records of the consumer reporting agencies by identity thieves. My understanding is that they do this by using the Social Security number of a real…
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Data Industry: Stop Blaming My Family and Friends for Identity Theft
Our friends in the financial services industry desperately want you to believe that identity theft isn’t their fault. And they’ve engaged in a type of statistical trick to convince reporters and lawmakers that it is family and friends who are responsible for the crime. You see, if identity theft is committed by your family and…