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Published on March 24th, 2020 📆 | 6808 Views ⚑

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FTC Data Security Consent Orders Are New But Not Improved


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Law360 (March 23, 2020, 4:01 PM EDT) -- The director of the Federal Trade Commission’s Bureau of Consumer Protection recently blogged[1] about recent changes to the FTC’s data security orders that were designed in part to address the vagueness problem that led the U.S. Court of Appeals for the Eleventh Circuit in LabMD Inc. v. FTC to strike down an FTC order.[2]

The changes reflected in the FTC’s latest data security orders have, however, in fact done little to address the LabMD court’s concern or other potential overreaches of the orders traditionally entered by the FTC in data security cases.

While the newer FTC orders no longer refer to...

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