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The FTC and the New Common Law of Privacy

Posted on August 20, 2013July 1, 2025 by Dissent

One of the liveliest discussions at the recent Privacy Law Scholar’s Conference was about a paper by Dan Solove and Woody Hartzog,  “The FTC and the New Common Law of Privacy.” Because of conference rules, I could not blog about it previously, but the authors have now uploaded it to SSRN, where you can download it for free.  If you support an expansive view of the FTC’s authority to pursue privacy and data security breaches, you’ll probably like the paper. If you think, as some do, that the FTC has exceeded its authority, particularly with respect to data breaches, you will probably disagree with their arguments.

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