The FTC, Unfair Practices, and Cybersecurity: Two Steps Forward, and Two Steps Back (PDF)
Section 5 of the Federal Trade Commission Act provides: " . . . unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." For over a decade, the FTC has waged war under §5 against online and offline practices that it believed fell short with regard to the privacy or security accorded personal data. There have been multiple cases recently dealing with this issue and are discussed in this commentary.
David Bender is the author of Bender on Privacy and Data Protection (LexisNexis Matthew Bender), published in 2011 and updated annually, and of Computer Law (LexisNexis Matthew Bender), initially published in 1978 and now a six volume set updated twice annually. He is an Adjunct Professor at the University of Houston Law Center, where he teaches Privacy Law, and a sole practitioner in Dobbs Ferry, NY, with extensive experience in privacy, information technology, and intellectual property litigation, counseling, and transactional matters. He was a founder of the IP practice at White & Case LLP, where he spent the majority of his career, and was head of the firm's privacy practice, which he also helped found. Mr. Bender previously served in-house at AT&T, where he was responsible for all IP litigation brought by or against any Bell System company. Before his service at AT&T, he was engaged extensively in antitrust litigation. He is a past president of the International Technology Law Association (formerly called Computer Law Association). Mr. Bender has made over 250 presentations at conferences sponsored by numerous organizations such as PLI, bar associations, and law schools on various topics in the realm of privacy, IT, IP, and antitrust, across the United States and in 19 other nations, and has authored over 100 law review articles and conference handbook papers. Before turning to the law, Mr. Bender served as an engineer with the aerospace division of Ford Motor Co., and as a mathematician with Hughes Aircraft.
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