Privacy & Cybersecurity Policy to Watch in Second Half of 2019

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Professor Joel Reidenberg, founding director of Fordham Law’s Center on Law and Information Policy, was referenced in a Law360 article discussing the Federal Trade Commission’s Facebook probe.

The Federal Trade Commission in March 2018 pounced on reports that Facebook had failed to do enough to keep political consulting firm Cambridge Analytica from harvesting personal data belonging to millions of unwitting Facebook users, and the commission’s closely watched probe into these issues is likely to conclude within the next couple months.

“The FTC’s credibility is on the line with this Facebook investigation,” said Joel Reidenberg, a professor and founder of the Center on Law and Information Policy at Fordham University School of Law.

Facebook disclosed in an April securities filing that it expects to pay between $3 billion and $5 billion to resolve the FTC’s probe, and media reports have indicated that the fine will be accompanied by robust remediation and monitoring provisions.

Given that the commission has been “sitting on” the investigation for more than a year, a failure to put together a deal that’s strong enough to appease privacy advocates could call into question the FTC’s competence to enforce arrangements such as the transatlantic Privacy Shield data transfer mechanism, according to Reidenberg.

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