Does the FTC really assess compliance with consent orders? If so, how well?
Add this analysis and commentary by Chris Hoofnagle to your must-read list.
Assessing the Assessments
When companies settle FTC charges, they often agree to extended periods of oversight by the Agency. The FTC requires companies to be regularly assessed by an outside firm during the oversight period. In my forthcoming book, I argue that this assessment model is inapt for the Commission for several reasons. The 2014 assessment report by TRENDnet that I recently obtained under the Freedom of Information Act illustrates some of the deficits of the assessment model.
The FTC’s matter against TRENDnet is especially important for the emerging Internet of Things (IoT).
Read more on Chris’s site, Federal Trade Commission: Privacy Law & Policy
I would love to see the FTC respond to this thoughtful piece.