FTC Chairman Leibowitz: Just Trust Us, We Won’t Abuse Vast New Powers!

by Berin Szoka on March 21, 2010 · Comments

That’s basically what FTC Chairman Jon Leibowitz told the Association of National Advertisers when he spoke to their “Advertising Law & Public Policy” conference last Thursday. As I noted last week, there’s intense pressure in Congress to pass a financial regulatory overhaul and, unfortunately, the version passed by the House in December—Rep. Barney Frank’s “Wall Street Reform and Consumer Protection Act of 2009” (H.R. 4173)—would also grant the Federal Trade Commission vast new powers for all its regulations, not just those relating to the non-bank financial institutions it currently regulates. In particular, HR 4173 would:

  • Make it far easier (and not just faster) for the FTC to issue all kinds of new regulations on its own, without a specific Congressional mandate to do so and instead of relying on case-by-case enforcement to punish “unfair” or “deceptive” acts and practices;
  • Reduce public input into those regulations;
  • Impose heavy civil penalties on companies before notifying them that a practice might be “unfair” or “deceptive”;
  • Prosecute those who merely provided “substantial assistance” to someone engaged in “unfair” or “deceptive” acts or practices; and
  • Sue on its own authority, instead of through DOJ (as now).

I summarized my concerns about this bill in this short interview with PFF’s new communications director, Mike Wendy, last week:

 
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Leibowitz has lobbied hard to have his agency put on steroids (as former FTC Chairman Jim Miller put it), asking for all these things, as well as more funding, at the first Senate hearing on Hr 4173 back in February. (Conveniently, he was the only witness!) He repeated his calls for these powers on Thursday but tried to allay fears about how they’d be used. Continue reading →

Comments Posted in: Advertising & Marketing, Innovation & Entrepreneurship, Privacy, Security & Government Surveillance

Jenkins on Net Neutrality & Free Press Hypocrisy over Metering

by Adam Thierer on September 23, 2009 · Comments

Holman Jenkins has a stinging editorial in today’s Wall Street Journal entitled, “Neutering the ‘Net,” which borrows a term that my friend Randy May coined long ago to describe what net neutrality regulation will ultimately accomplish. What I like best about the Jenkins essay was the way he exposed Free Press for their hypocrisy over metering as a possible alternative approach to network management, something I documented in this piece and this piece about their new-found love of Internet price controls.  Here’s how Jenkins puts it in his essay today:

The mask really slipped earlier this year when Time Warner Cable began experimenting with usage-based pricing to protect the average broadband customers from the 20% of users who create 80% of the traffic. A lobby called Free Press, the most extreme of the pro-net neutrality interests, went ballistic, calling metered pricing a “price-gouging scheme” and backing a bill in Congress to ban it.

Never mind that Free Press had previously argued just the opposite, saying usage-based pricing was a fairer way to deal with congestion than, say, by selectively slowing down file-sharing sites that gobble up disproportionate broadband capacity. Never mind, too, the irony that the net-neut campaign against the selective slowing of non-urgent traffic has left only differential pricing as a way to bring a modicum of efficiency to network usage.

Indeed.  Of course, we should expect nothing less from the neo-Marxist media reformistas as the UnFree Press.

Comments Posted in: Broadband & Neutrality Regulation

Of Curves and Chaos

by Bret Swanson on September 30, 2008 · Comments

Apologies for the non-technology post, but since the only topics of conversation these days are Wall Street, credit default swaps, and Putin’s flights over Alaska, I thought I’d post my review of Dave Smick’s new book The World is Curved: Hidden Dangers to the Global Economy…the Mortgage Crisis Was Only the Beginning.

Comments Posted in: What We're Reading