With a new slate of Federal Trade Commission members soon to be confirmed, Members of Congress and other observers want to know how the agency will work to protect consumers from data breaches and unwanted privacy intrusions without stifling innovation and economic growth. The Commission is currently rethinking what constitutes “privacy harm” just as two pending court cases (LabMD and AT&T) could have substantial implications for the FTC’s consumer protection jurisdiction. Meanwhile, the Federal Communications Commission is in the process of repealing the Open Internet Order on net neutrality, which will have its own privacy implications. So the new FTC members will face real policy challenges once they are sworn in.

This discussion with two former heads of the FTC’s Bureau of Consumer Protection explored the challenges and opportunities facing the FTC in the areas of privacy and data security.

This briefing featured:

Lydia Parnes
Partner, Wilson Sonsini Goodrich & Rosati
Former Director, FTC Bureau of Consumer Protection (2004 – 2009)

David C. Vladeck
A.B. Chettle Chair in Civil Procedure, Georgetown Law Center
Former Director, FTC Bureau of Consumer Protection (2009 – 2012)

Moderator: James C. Cooper
Associate Professor of Law, George Mason University Antonin Scalia Law School
Director, GMU Program on Economics & Privacy