Senate Confirms FTC Commissioners

Welcome, new FTC commissioners! The Senate unanimously confirmed the new head of the Federal Trade Commission, Joseph Simons, and four other nominees last night by voice vote. The FTC will have a full slate of commissioners for the first time since 2015.

The FTC will be facing a number of challenges with respect to privacy, as it has confirmed an investigation into Facebook and groups have asked it to take a close look at whether Google is violating the Children’s Online Privacy Protection Act (COPPA) at Youtube.

Before joining the FTC, Simons was Of Counsel at Paul Weiss working in antitrust law and previously served as Director of the Bureau of Competition at the FTC in the early 2000s.

In addition to Simons, the new commissioners are:

Noah Phillips (R): Previously in civil litigation at law firms Steptoe & Johnson and Cravath, Swaine & Moore.

Christina Wilson (R): Formerly a Senior Vice President at Delta Air Lines and a former Partner at law firm Kirkland & Ellis.

Rohit Chopra (D): Previously a Senior Fellow at the Consumer Federation of America and a former assistant director at the Consumer Financial Protection Bureau.

Rebecca Slaughter (D): Formerly a legal adviser to Senate Minority Leader Charles Schumer (D-NY).

The Economist article that will be in the print edition tomorrow (and was published early online say: “Meet the men and women who have the power to fine Facebook trillions of dollars.” During the events surrounding Cambridge Analytica, Facebook was subject to 2011 consent order with the FTC that brings with it the possibility of significant fines for violations of its terms. Many people have suggested that Facebook violated provisions of the settlement agreement that it reached with the FTC in its actions around Cambridge Analytica.

The FTC has been operating with only two FTC commissioners since President Trump’s election. Acting Chairwoman Maureen Ohlhausen and Democrat Terrell McSweeny are both stepping down. Wilson’s seat is at the moment occupied by Ohlhausen, whose term ends in September and has been nominated to be a federal judge. As a result, Wilson’s swearing in may be delayed until Ohlhausen steps down.

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More Blog Posts on the FTC:

Google Plus Privacy Breach: Senator Blumenthal Calls for FTC Investigation
FTC Asks for More Public Comments on Privacy
FTC Commissioner Phillips on Balance Between Privacy Law and Competition
House Subcommittee Asks FTC Commissioners About Consumer Privacy
FTC to Hold Hearings on Privacy and Consumer Protection
FTC Chair Testimony Highlights Privacy Enforcement Priorities
FTC Comments on Vendor Due Diligence and Compliance after BLU Settlement
Oath to Pay $5 Million in Record COPPA Settlement