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Wiley Rein Hosts FTC Commissioner Maureen Ohlhausen for Roundtable Luncheon

Wiley Rein Hosts FTC Commissioner Maureen Ohlhausen for Roundtable Luncheon

September 18, 2018

This article is co-authored by Kathleen Scott, Megan Brown, and Scott Delacourt.

Wiley Rein hosted a roundtable luncheon yesterday featuring Maureen Ohlhausen, Commissioner of the Federal Trade Commission (FTC). The event, which was kicked off by Wiley Rein’s FTC Regulation Practice Group’s chair, Scott Delacourt, was attended by many clients and leaders in the communications industry.

Commissioner Ohlhausen offered her perspectives on the FTC’s work protecting consumer privacy and data security, including a discussion of recent enforcement actions and the informational injury proceeding that she spearheaded.  She also delved into international privacy issues, discussing the EU’s GDPR, the Privacy Shield, and China’s emerging privacy approach.  Commissioner Ohlhausen detailed recent court decisions affecting the FTC.  Specifically, she discussed the 9th Circuit’s decision regarding the applicability of the “common carrier exception” to the non-common carrier conduct of ISPs, and the 11th Circuit’s decision rebuking the FTC’s remedial efforts in a data security case.  The Commissioner also discussed issues related to net neutrality and competition, and the FTC’s recently launched hearings on competition and consumer protection in the 21st Century.

Commissioner Ohlhausen, who served the FTC as Acting Chairman from January 2017 until April 2018 and is currently nominated to serve as a U.S. Court of Federal Claims judge, is finishing her term as FTC Commissioner.  Her term expires one week from today on September 25th.  Her replacement, Christine Wilson, has already been confirmed and will be sworn in the next day. 

This event is the first of a two-part series focusing on the FTC.  On September 27th, Wiley Rein’s Cybersecurity Practice will be hosting an Outlook on Cyber roundtable discussion featuring Bilal K. Sayyed, the FTC’s Director of Office Policy Planning, and James Cooper, the FTC’s Deputy Director for Economic Analysis, Bureau of Consumer Protection.  The event will focus on recent privacy and data security initiatives, including the ongoing proceeding on Competition and Consumer Protection in the 21st Century; the proposed expansion of the FTC’s rulemaking authority; emerging technology, including the Internet of Things;  and service provider oversight.  For more details or to RSVP, click here.

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