Latest in FTC

5G

Why the FTC’s Case Against Qualcomm Protects American Consumers

The future of American semiconductor innovation—and the price of future smartphones—may hinge on what is happening in a San Jose courtroom. In the U.S. District Court for the Northern District of California, companies including Apple, Blackberry, Ericsson, Intel, LG, MediaTek, Huawei and Samsung have testified on behalf of the Federal Trade Commission’s application of traditional anti-trust concepts to rein in practices by Qualcomm that harm consumers, competition and innovation.

Surveillance

Schrems and the FAA’s “Foreign Affairs” Prong: The Costs of Reform

While the ECJ’s decision in Schrems v. Data Commissioner suggests that reforms will be necessary to save the US-EU safe harbor framework, both EU officials and U.S. privacy advocates have sometimes urged reforms without a full accounting of costs and benefits. Tim Edgar’s insights and his appreciation of the real need for reform are most valuable.

Surveillance

Schrems v. Data Protection Commissioner: Some Inconvenient Truths The European Court of Justice Ignores

Today’s decision by the European Court of Justice on safe harbor – Maximillian Schrems v. Data Protection Commissioner, ably summarized by Lawfare’s Alex Loomis – ignores some very inconvenient truths about surveillance and privacy on both sides of the Atlantic. In this post, I explain what the ECJ ignores.

Wyndham v. FTC

CA3 Endorses FTC Authority to Sue Companies for Security Breaches

Such is the gist of a three-judge panel's quite important opinion, affirming the denial of a motion to dismiss in Federal Trade Commission v. Wyndham Worldwide Corporation et al.

Query how much this precedent, regarding the government's own cyber enforcement powers, might bolster private efforts to hold the government to account for its own data security problems.

The Cyberlaw Podcast

Steptoe Cyberlaw Podcast, Episode #75: Hip Hop Summit at Graceland---Michael Casey and Digital Money

Bitcoin and the blockchain – how do they work and what do they mean for financial and government services and for consumers? And who holds massive stores of bitcoin that can’t be spent without solving one of the great financial mysteries of our time? Our guest for episode 75 is Michael Casey, former senior columnist for the Wall Street Journal and – as of last week – senior advisor at the MIT Media Lab’s Digital Currency Initiative.

The Cyberlaw Podcast

Steptoe Cyberlaw Podcast, Episode #74: An Interview with Catherine Lotrionte

Our guest commentator for episode 74 is Catherine Lotrionte, a recognized expert on international cyberlaw and the associate director of the Institute for Law, Science and Global Security at Georgetown University. We dive deep on the United Nations Group of Government Experts, and the recent agreement of that group on a few basic norms for cyberspace. Predictably, I break out in hives at the third mention of “norms” and default to jokes about “Cheers.”

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