Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett are likely the key votes as the U.S. Supreme Court considers Humphrey’s Executor, the 1935 decision that allows Congress to limit a president’s ability to remove senior officials, TechFreedom Internet Policy Counsel Corbin Barthold wrote Tuesday in The Bulwark. “For as long as modern conservative legal thought has existed, there has been a campaign to overturn Humphrey’s Executor,” Barthold wrote. “The decision, which sustained a provision that insulated the five leaders of the [FTC] from being removed without cause, became the foundation for so-called independent agencies,” but it’s not “a strong decision,” he said. President Franklin Roosevelt saw it as “an effort to rebuke him” by a then-conservative SCOTUS, and “modern legal scholars tend to agree.”
Companies should review the FTC’s new child privacy rules, even if the Trump administration is planning to alter what the Biden administration attempted to finalize, compliance attorneys at Akin Gump said Monday.
Privacy Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Senate Republicans expect a straightforward path to confirming FTC nominee Mark Meador, which would allow the commission’s Republican majority to act on two privacy rulemakings.
Websites with cookie banners allowing a visitor to opt out may still store cookies or scripts, raising compliance risks, said privacy experts on a Privado panel Thursday.
The FTC is bound by federal law to protect business and consumer data in investigations, FTC nominee Mark Meador said Tuesday.
Privacy Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The FTC would work productively with state attorneys general on privacy enforcement if Congress granted the authority in a federal privacy law, FTC nominee Mark Meador told the Senate Commerce Committee during his confirmation hearing Tuesday.
Consumers have until June 5 to file claims for $16.5 million in damages Avast paid to settle allegations it deceived users about data privacy practices, the FTC said Monday.
House Commerce Committee Republicans on Friday requested public input on potential federal privacy legislation. The elimination of a private right of action, preemption of state privacy and AI laws and conflicts with existing federal law were among the topics Republicans outlined in their request for information (RFI).