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Federal Trade Commission Chair Joseph Simons Talks Competition, Seeks Modern Privacy and Consumer Protection Statue

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Photo of Joseph Simons at CES 2020

Federal Trade Commission Chairman Joseph Simons on Tuesday talked up the role of competition, and his agency’s role in enforcing it, at a CES 2020 Event with the Consumer Technology Association in Las Vegas.

In a question and answer session with CTA CEO Gary Shapiro, Simons stressed the FTC’s dual focus on competition and consumer protection. Simons said that antitrust laws foster competition, which is crucial to economic growth and better products at cheaper prices.

Simons expressed his concern that the FTC has to enforce consumer protection and fair competition law according to the more than 100-year-old law, the Clayton Act. It was passed in 1914.

The FTC needs a modern statute that works either on the federal or state level, he said. Such modern legislation would enforce privacy in a way that does not hinder new players and start-ups.

According to Simons, the best practice is to encourage published privacy policies. If a company breaches their policy, then the FTC would begin enforcement action.

Simons stressed that the FTC does not go after companies that are bigger and successful: Rather, it wants companies to compete.

On the world stage, he judged Europe as having tighter privacy laws than the United States. This has posed an issue for U.S. companies that did not have the means to conform to European standards.

On the other end of the spectrum, Simons suggested privacy is more “theoretical” in China.

Simons expressed satisfaction in the outcome of two big recent settlements by the agency involving Facebook and Google’s YouTube. The FTC had to enforce stipulations that extended beyond the law, and if Facebook and YouTube continue past practices, the consequences will be severe, he said.

Nearing the end of the session, Shapiro asked Simons what law he would like to change. Simons said he wanted Congress to clarify Section 13(b) of the FTC Act. There is a lot of confusion surrounding whether the FTC can give monetary relief to the consumer, as they have previously done.

Adrienne Patton was a Reporter for Broadband Breakfast. She studied English rhetoric and writing at Brigham Young University in Provo, Utah. She grew up in a household of journalists in South Florida. Her father, the late Robes Patton, was a sports writer for the Sun-Sentinel who covered the Miami Heat, and is for whom the press lounge in the American Airlines Arena is named.

Robocall

Lawmakers, FCC Take More Action Against Illegal Robocallers

There are new proposed rules that offer legal protections to those aiding in enforcement efforts against illegal robocalls.

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Rep. Bob Latta, the primary sponsor of the Robocall Trace Back Enhancement Act

WASHINGTON, April 27, 2022 – Regulators and legislators in Washington continued their efforts to curb unlawful telephony use with proposed rules designed to crack down robocalls.

On Wednesday, Rep. Bob Latta, R-Ohio, introduced the Robocall Trace Back Enhancement Act – an amendment to the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.

If signed into law, the bill would provide legal immunity for a broad range of entities engaging in private efforts to track, surveil, and report on illegal robocalling scams.

The protected parties include registered consortiums that handle call receiving, sharing, and publishing and all voice service providers and any informants that share covered information.

It would also grant the Federal Communications Commission jurisdiction to take enforcement actions based on the information collected during the aforementioned activities.

FCC measures on cease-and-desist letters

In addition to this legislation, as part of her agenda to combat scam calls, on April 26 FCC Chairwoman Jessica Rosenworcel proposed closing a loophole to the STIR/SHAKEN regime afforded to small telcos.

Most telcos are required to adhere to cease-and-desist orders regarding illegal spam-calls and generally comply with actions taken by the FCC. The loophole in question gave smaller telcos greater latitude in how they chose to respond to FCC requests.

If adopted, the proposed regulation would require small telcos to abide by cease-and-desist orders, participate in robocall mitigation, cooperate with FCC enforcement, and take responsibility for facilitating illegal robocall traffic.

“International robocallers use these gateways to enter our phone networks and defraud American consumers,” Rosenworcel said in a statement, “We won’t allow them to bypass our laws and hide from enforcement.”

The new rule will be voted on at the FCC’s open meeting on May 19.

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Privacy

Federal Privacy Legislation Needed As State Legislation Could Harm Smaller Players, Event Hears

Different state privacy laws stifle competition and places burdens on small companies, experts say.

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Maneesha Mithal (far-left), Sara Collins (middle-left), Lartease Tiffith (middle-right), Brandon Pugh (far-right) on stage at "Beyond the Basics: The Many Pillars of a U.S. Privacy Law"

WASHINGTON, April 25, 2022 – While experts agreed that federal legislators need to take action on comprehensive privacy legislation, they disagreed on the specifics of how such regulation should be enforced.

Though some states have begun to establish their own frameworks for consumer privacy regulation, each framework puts forth different standards that online platforms would have to adhere to. These varied frameworks have raised concerns among many experts who consider a patchwork of legislation to raise the bar of compliance – a bar that could be lowered by federal legislation.

During an R Street panel on Monday, experts from the technology industry weighed in on the matter with their perspectives.

In March, Utah joined  California, Colorado, and Virginia and became the fourth state to successfully pass consumer privacy legislation. Several additional states, including Florida, Massachusetts, New York, and Connecticut have experienced mixed success with their bills and have not yet signed anything into law.

Lartease Tiffith, executive vice president for public policy at the Interactive Advertising Bureau, said that the US is an outlier among developed countries. “We are one of the few developed countries that [does not have a federal privacy law],” he said. “I think that in order to reflect the same common values as our colleagues who are in Europe and elsewhere around the world, we need [to make] one.”

Beyond the international perspective, Tiffith also emphasized domestic justifications for federal legislation. “I cannot think of a subject matter that is not more under the purview of Congress than interstate commerce,” he said. “The internet is everywhere – it is not limited by borders. So, we need to have one standard, one set of laws. It should not matter where you live – California, Utah, Virginia, Colorado – you should have the same basic privacy rights as anyone, anywhere.”

Various state legislation harder for smaller companies

Tiffith also explained that a patchwork of regulation would hit smaller businesses the hardest. “If you are a small or medium sized business and you are looking at investing more money into your products and service and delivering and reaching customers – you want to do that rather than spending time on hiring more lawyers to deal with ever complicating regulations.

“We need this for the next set of Amazons and Googles of the world to exists,” he said.

While the panelists were able to agree on the fact that current patchwork of laws is not sustainable, they did not agree on how to enforce a federal framework.

A federal body for consumer data protection

Sara Collins, senior policy counsel for internet advocacy group Public Knowledge, voiced benefits to creating a new data protection authority in the US – a body distinct from the Federal Trade Commission – that would focus expressly on matters related to consumer data protection.

Tiffith pushed back, however, arguing that the FTC already does a good job at handling these issues, and is only held back by what he views as under-resourcing. “If you compare the FTC to other protection authorities, they are very under-resourced,” he said. “So, I think instead of us standing up a whole new data protection authority, I think instead, let’s invest that money in the FTC, give them some rules, some limited rulemaking authority, and let’s give them a lot more staff and a lot more money.

“Let them be the cop on the beat,” he said.

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Robocall

FCC Announces Majority of States Now Signed Onto Robocall Investigation Partnership

The FCC signed on five states this month and seven last month.

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Illustration from C-Zentrix

WASHINGTON, April 7, 2022 – The Federal Communications Commission said Thursday it has partnered with further five more state attorneys general to combat illegal robocalls.

The agency said Thursday it had signed on Alaska, California, Tennessee, Pennsylvania and Washington state to investigate the robocalls, which can lead to scams. Thursday’s news comes on the heels of a March 28 announcement, when the agency said it signed similar memorandum of understanding with Connecticut, the District of Columbia, Idaho, Kentucky, Minnesota, New Jersey, and Wyoming.

Altogether, the agency, which announced the federal-state partnership effort in February, said it has signed on the majority of the United States.

“It shows that we are united when it comes to fighting robocalls—urban, rural, north, south, east, and west,” said FCC Chairwoman Jessica Rosenworcel. “Today I invite every state and U.S. territory to join this effort and establish information sharing and cooperation structures with the FCC so we can work together to investigate and put an end to spoofing and robocall scam campaigns.”

The agency, which has made fighting illegal robocalls a key mandate, has previously credited states with catching those that allow robocalls.

Earlier this month, the FCC credited the North Carolina Department of Justice in an investigation that identified thinQ Technologies as a “facilitator” of robocalls. The agency, which is working with the Traceback Consortium to identify the culprits, has already sent more than a dozen cease and desist letters to those it has identified in investigations.

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