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Legal developments in data, privacy, cybersecurity, and other emerging technology issues

FTC Launches “Commercial Surveillance and Data Security” Rulemaking

On August 11th, the Federal Trade Commission kicked off of its long-awaited privacy rulemaking by releasing an Advanced Notice of Proposed Rulemaking (ANPR).  The ANPR is the beginning of what likely will be a lengthy process conducted pursuant to the FTC’s Magnuson-Moss rulemaking authority.  The ANPR is extremely broad, raising 95 questions directed at nearly every type of data collection.  Notably, in promulgating a rule, the FTC must demonstrate that each practice regulated is either deceptive or unfair and is prevalent in the market.

In the face of a bipartisan privacy bill being debated in Congress, it is not clear exactly where this rulemaking process will end up.  The ANPR is the first step of a process that will require the FTC to:

  • review comments received concerning the ANPR (comments are due within 60 days after the ANPR is published in the Federal Register);
  • submit notice of a proposed rulemaking and request comments;
  • undertake hearings; and
  • submit a final rule.

In the meantime, a virtual workshop publicly discussing the rulemaking is scheduled for September 8th.

Topics: FTC
  • Steven M. Wernikoff

    Steve Wernikoff is a litigation and transactional partner who co-leads two of the firm's technology-based practice areas–the Data, Privacy, and Cybersecurity group and the Autonomous Vehicle group. As a previous officer and ...

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