Law Profs Say Government Has Power to Demand Companies Protect Consumer Data

"On Feb. 16, eight privacy and security law professors—Kenneth A. Bamberger, Woodrow Hartzog, Chris Jay Hoofnagle, William McGeveran, Deirdre K. Mulligan, Paul Ohm, Daniel J. Solove and Peter Swire—filed a brief in support of the FTC.

“The FTC’s approach to data privacy enforcement—requiring companies to implement ‘reasonable’ data security measures rather than forcing every company to implement the same one-size-fits-all measures—is driving corporate innovation and an evolving understanding of best practices to protect consumers’ personal information,” the professors said. The amicus brief presented research results showing that the commission’s broad discretion to enforce data security “spurs companies to hire information privacy and security specialists who then develop evolving best practices.”"