Federal Trade Commission Privacy Law and Policy

by Chris Jay Hoofnagle

Overview

The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

Product Details

ISBN-13:	9781107565630
Publisher:	Cambridge University Press
Publication date:	02/09/2016
Edition description:	New Edition
Pages:	423
Product dimensions:	5.98(w) x 8.98(h) x 0.87(d)

About the Author

Chris Jay Hoofnagle is adjunct full professor at the University of California, Berkeley, School of Information, and faculty director of the Berkeley Center for Law and Technology at the School of Law. He teaches about the regulation of technology, focusing on computer crime law, cybersecurity, Internet law, privacy law, and consumer protection law. Licensed to practice in California and Washington, DC, Hoofnagle is of counsel to Gunderson Dettmer Stough Villeneuve Franklin and Hachigian, LLP, a firm focused solely on advising global venture capital and emerging technology companies.

Table of Contents

Introduction; Part I. The History, Powers, and Procedure of the Federal Trade Commission: 1. History of the Federal Trade Commission; 2. The FTC and the rise of consumerism; 3. The modern FTC; 4. Organization and procedural basics; 5. Unfair and deceptive practices; Part II. The FTC's Regulation of Privacy: 6. Online privacy; 7. Privacy of children; 8. Information security; 9. Anti-marketing efforts: email, telemarketing, and malware; 10. Financial privacy; 11. International privacy efforts; Part III. Conclusion: 12. Strengthening the FTC and protecting privacy.

Editorial Reviews

"A welcome perspective on challenges facing a great agency designed to "rein in" the American market."
Norman I. Silber, Hofstra University, New York

"A landmark work for anyone interested in privacy or consumer protection law."
Paul M. Schwartz, Jefferson E. Peyser Professor of Law, Berkeley Law School

"Chris Hoofnagle has written the definitive book about the FTC’s involvement in privacy and security. This is a deep, thorough, erudite, clear, and insightful work - one of the very best books on privacy and security."
Daniel J. Solove, John Marshall Harlan Research Professor of Law, George Washington University, Washington DC

"A timely and insightful analysis of the FTC as a key actor in protecting information privacy. The historical context provides a solid basis for Hoofnagle’s well-supported policy recommendations."
Priscilla M. Regan, George Mason University, Virginia

"This book offers a fascinating, informed exploration into the dangers of the Internet and the problems and potentials of the FTC in effectively dealing with them. It is well worth our attention."
William L. Wilkie, Aloysius and Eleanor Nathe Professor of Marketing Strategy, University of Notre Dame, Indiana

"Today it is common to hear intellectuals and activists make bold pronouncements about the importance of online privacy and the need for strong consumer protections. Few, however, possess a deep understanding of the specific government agencies in which their principles must be put into practice, let alone the broader political environment in which those entities operate. Chris Hoofnagle has done an enormous public service by writing a comprehensive and critical guide to the Federal Trade Commission’s consumer protection efforts, which started over a century ago in reaction to a changing economy and industrialization. Invasive new technologies and influential internet platforms make the agency more relevant than ever, but it remains a mystery to most citizens and is often maligned by business interests. Those of us who care about privacy and fairness in the digital age must pay attention to the FTC’s crucial role in information policy, and we could not ask for a better primer than this incisive and informative book."
Astra Taylor, author of The People’s Platform

"Hoofnagle makes sense of the recent challenges to the FTC's data security authority and suggests a long-term, structural strategy for addressing information-age security risks."
Bruce Schneier, author of Data and Goliath: The Hidden Battles to Collect your Data and Control your World

'… this is an important book that can serve several purposes in a legal collection. Not only is it an important addition to the consideration of online and information privacy protections, but the book is also an excellent example of a historical overview of an important federal agency.' Casey D. Duncan, Law Library Journal

From the Publisher