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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.

Data security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.

This Update discusses what these safeguards are and why the FTC believes they are so critical.

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The Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act. The case follows an FTC blog post warning that the agency would be vigilant in protecting

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

In its most recent open meeting, the Federal Trade Commission unanimously: (1) issued a Children’s Online Privacy Protection Act policy statement directed at ed tech providers, and (2) proposed amendments to the Endorsement Guides, which address influencer advertising on social media and consumer reviews.

The COPPA policy statement makes clear that the FTC is

Alvaro Bedoya has now been sworn in as a commissioner for the U.S. Federal Trade Commission. This restores a Democratic majority on the Commission and will enable the agency to move forward with the aggressive agenda of Chair Lina Khan. As a result, we can expect to see significant actions by the FTC on privacy