On August 11, 2022, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPRM), kicking off its long-awaited rulemaking on commercial surveillance and data security.

The ANPRM is the first step in a long process that could result in the adoption of a federal regulation addressing privacy, data security, and use of algorithms across broad sectors of the economy. The rulemaking will be an unprecedented proceeding, and the FTC appears to be considering approaches that could have extraordinary ramifications for businesses, such as limits on personalized advertising, new privacy protections for teens and children that exceed those of the Children’s Online Privacy Protection Act (COPPA), limits on techniques that promote prolonged online activity by teens and children, required data security measures, required steps to avoid algorithmic error, measures to combat algorithmic discrimination, and limits on the use of biometric data.

Once the ANPRM is published, the public will have 60 days to comment.

Click here to read the full update.

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Photo of Janis Kestenbaum Janis Kestenbaum

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security…

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection issues.

Photo of Meredith Halama Meredith Halama

Meredith Halama serves as an authority on online and mobile advertising practices.

Photo of Rebecca Engrav Rebecca Engrav

Rebecca Engrav litigates disputes for technology companies regarding online advertising, privacy and data security, user-generated content and intellectual property. These disputes typically arise from use of the Internet as a platform for new business models, such as advertising-supported web services, mobile applications for…

Rebecca Engrav litigates disputes for technology companies regarding online advertising, privacy and data security, user-generated content and intellectual property. These disputes typically arise from use of the Internet as a platform for new business models, such as advertising-supported web services, mobile applications for smartphones, cloud computing and online retailing.

Photo of Aaron Haberman Aaron Haberman

Aaron Haberman is experienced in defending companies in government investigations and advising them regarding compliance with state and federal laws including the Federal Trade Commission (FTC) Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Health Insurance Portability and…

Aaron Haberman is experienced in defending companies in government investigations and advising them regarding compliance with state and federal laws including the Federal Trade Commission (FTC) Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Health Insurance Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act (COPPA), and the California Consumer Privacy Act (CCPA).