Transparency Federal Trade Commission

News & Analysis as of

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Department Of Commerce Agency Seeks Standards For IoT Security

On August 2, the National Telecommunications and Information Administration (“NTIA”), an agency of the Department of Commerce, announced that it would form a multi-stakeholder group to increase transparency for the deployment...more

Sounding the Alarm: White House Agency Warns of Decreasing Competition Across U.S. Economy

The Council of Economic Advisors, a White House agency charged with advising the president on economic policy, recently issued a report, Benefits of Competition and Indicators of Market Power, addressing the state of...more

EU-U.S. Privacy Shield is Go…nearly

On 29 February 2016 the European Commission issued the legal texts of the EU-U.S Privacy Shield which aims to replace the defunct EU-U.S Safe Harbor Framework as a legitimate mechanism for transferring personal data from the...more

Going Native? Part 2: The FTC’s Native Advertising Guide for Businesses – The Why, When and How of Effective Disclosures

At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more

Swarming Regulation of Personal Data in the US Tech Sector

Sectoral regulation of privacy and information security in the United States has created a complex system for tech innovation, because new products and services transcend the traditional sectoral boundaries and because...more

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory...

In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The...more

California Attorney General’s Open Data Initiative – The Latest in State and Federal Government Efforts to Harness the Power of...

Early this month, California Attorney General Kamala D. Harris announced a unique data initiative to expand the public’s access to key criminal justice information that has been, to date, largely blocked from public...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

Smart ad disclosures in the social media age

Recent actions by the Federal Trade Commission highlight the need for companies to review the sufficiency of their advertising disclosures. Companies should take particular care when launching an ad campaign using social...more

Eye on Privacy Newsletter - October 2014

In this issue: - FTC Recommends Improved Transparency and Security in Mobile Shopping Apps - Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA -...more

FTC Report Sheds Light on Dark World of Data Brokers

The Federal Trade Commission (“FTC”) recently issued a report entitled “Data Brokers: A Call for Transparency and Accountability” that identifies various concerns raised by the “Big Data” industry and provides solutions for...more

Privacy Tuesday: July 2014 #2

FTC Sues Amazon Over In-App Purchases Made by Children - Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money...more

FTC Data Broker Report Recommends New Consumer Protection Legislation

Report Outlines Best Practices for Data Broker Industry - The Federal Trade Commission (FTC) released its report, Data Brokers: A Call for Transparency and Accountability, based on an in-depth study of nine data...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

“Getting to Know You, Getting to Know All About You…” FTC Data Brokers Report Calls for More Industry Transparency, Regulation in...

“You may not know them, but data brokers know you,” Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission’s newest report on the data broker industry. And in the FTC’s...more

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

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