Attorney Rulebook: FTC Privacy and Security Rulemaking 

· May 16, 2023
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Technologies have evolved dramatically in recent decades, with the speed of consumers’ adoption, leaving regulators to play catch-up in their oversight. The Federal Trade Commission (FTC) is a federal regulatory body that enforces consumer protection laws and prevents unfair business practices. As businesses’ exploitative or grossly inadequate data privacy practices increasingly come to light, the FTC is taking recourse in its rulemaking authority to address data privacy and security issues, as well as commercial surveillance.  

  • Attorneys wanting to better understand the horizon for privacy and security regulatory rulemaking and enforcement, as well as the role their clients can play, will find this concentrated discussion essential to their practice. 

In this CLE seminar, our expert panelists begin by providing an overview of the FTC, discussing what it is and its enforcement authority, as well as detailing its rulemaking process. Our speakers then review the FTC’s Advance Notice on Proposed Rulemaking (ANPR) for a Trade Regulation Rule on Commercial Surveillance and Data Security as a case study of the FTC’s privacy and security rulemaking. Our experts conclude by discussing the next steps for the ANPR, potential issues that may arise in its implementation and enforcement, and recent case law that provides guidance on possible outcomes. 

Topics covered in this webinar:    

  1. Overview of the Federal Trade Commission  
  1. ANPR Case Study: Trade Regulation Rule on Commercial Surveillance and Data Security  
  1. Next Steps and Potential Issues for Implementation and Enforcement  
  1. Case Law 


Daniel B. Garrie, Esq. – Founder, Law & Forensics; Neutral, JAMS; Faculty, Harvard
David A. Cass – Senior Partner, Law & Forensics Adjunct Faculty Harvard & Rutgers Law

Elizabeth Rogers – Partner, Michael Best & Friedrich LLP
Don Cook – CEO, Salus Data Privacy and Security; General Counsel, NextPhase Foundation

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Course Includes

  • 1 Lesson
  • Course Certificate