Federal Trade Commission Privacy Law and Policy (Introduction and Excerpt)

C. Hoofnagle, Federal Trade Commission Privacy Law and Policy, Cambridge University Press, 2016

34 Pages Posted: 6 Feb 2016 Last revised: 24 Feb 2016

Chris Jay Hoofnagle

University of California, Berkeley - School of Information; University of California, Berkeley - School of Law

Date Written: February 5, 2016

Abstract

Federal Trade Commission Privacy Law and Policy is an in-depth history of the FTC’s 100-year-long consumer protection efforts. It explains how decades of false advertising enforcement informs today’s privacy efforts. It contains practical advice for lawyers practicing before the agency, strategy for advocates, and insight for policymakers on the challenge of addressing unfair and deceptive trade practices. Most importantly, the book provides context for the agency’s powers and procedure.

The FTC’s regulation of technology and privacy is not new. The FTC’s first reported case concerned a company that treated cotton so that it could be passed off as silk. Its first privacy case dealt with an early kind of information broker that tricked people into revealing personal information so that debt collectors could locate them. Reviewing the history of these cases and the rationales that gave rise to the FTC helps us understand broader policy problems in consumer protection.

Keywords: history, unfair competition, kidvid, section 5, online privacy, children's privacy, information security, spam, telemarketing, SMS, malware, GLBA, FCRA, FDCPA, Safe Harbor, public choice, rational choice theory

JEL Classification: 033, L5, K2

Suggested Citation

Hoofnagle, Chris Jay, Federal Trade Commission Privacy Law and Policy (Introduction and Excerpt) (February 5, 2016). C. Hoofnagle, Federal Trade Commission Privacy Law and Policy, Cambridge University Press, 2016. Available at SSRN: https://ssrn.com/abstract=2728003

Chris Jay Hoofnagle (Contact Author)

University of California, Berkeley - School of Information ( email )

212 South Hall
Berkeley, CA 94720-4600
United States
510-643-0213 (Phone)

HOME PAGE: http://hoofnagle.berkeley.edu

University of California, Berkeley - School of Law ( email )

344 Boalt Hall
Berkeley, CA 94720-7200
United States
510-643-0213 (Phone)

HOME PAGE: http://hoofnagle.berkeley.edu

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