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New State Privacy Laws Take Effect Beginning on July 1

In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in...more

Penalty Offense Authority and the Future of FTC Privacy Law

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Three FTC Enforcement Trends to Watch This Fall

The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn. Three important, and new, areas of focus this year...more

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

Generative Artificial Intelligence, Automated User Interfaces, and the New Laws of Dark Patterns

Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and...more

Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s

In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have...more

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