Antitrust and Consumer Protection
Competition: Spring 2014, Vol. 23, No. 1
Content
- Chair's Column
- Do First Amendment Principles Limit the Antitrust Agencies' Ability To Prohibit Enforcement of Standards-essential Patents?
- Does the First Amendment Immunize Google's Search Engine Search Results From Government Antitrust Scrutiny?
- Editor's Note
- First Amendment Protection For Search Engine Search Results
- Judges Speak Out: the Make-or-break Moment of Certifying a Class With Judges Marsha Berzon, Virginia Phillips, John Wiley, and Curtis Karnow
- Landmark Civil Price-fixing Verdicts of 2013: Lessons From the Vitamin C and Urethanes Trials With Trial Counsel and Observers William a. Isaacson, Daniel S. Mason, Joseph Goldberg, and Michael Tubach
- Lcd Redux: Follow-on Class Action and Direct Purchaser Litigation From 2012'S Doj Criminal Prosecutions Views from Trial Experts Bruce Simon, Howard Varinsky, and Robert Freitas
- Masthead
- Noerr-pennington: Safeguarding the First Amendment Right To Petition the Government
- The Irrelevance of the First Amendment To the Modern Regulation of the Internet
- The Market-participant Exception To State-action Immunity From Antitrust Liability
- The Misapplication of Matsushita's Heightened Summary Judgment Standard
- The Supreme Court In Borough of Duryea V. Guarnieri Signals a Retreat From Pre's Broad Deference To the Right To Petition
- Trial By Sample: a Post-game, Locker Room Chat Exploring the McAdams V. Monier Trial: a Roundtable With Trial Counsel Jeffrey Cereghino and William Stern
- Update On California State Antitrust and Unfair Competition Law and Federal and State Procedural Law
- Regulation of Companies' Data Security Practices Under the Ftc Act and California Unfair Competition Law
REGULATION OF COMPANIES’ DATA SECURITY PRACTICES UNDER THE FTC ACT AND CALIFORNIA UNFAIR COMPETITION LAW
By Kathryn F. Russo1
I. Introduction
News of data breaches dominates the headlines. Technology is advancing at a dizzying speed. Companies are collecting more sensitive personal information about consumers than ever before while hackers are devising new strategies to access this information.
In the context of this data-driven world, it is no surprise that companies’ data security practices are coming under increasingly strict scrutiny. The Bureau of Justice Statistics estimates that approximately 7 percent of all U.S. residents age 16 or older were victims of identity theft in 2012.2 Both the Federal Trade Commission and the California Attorney General have made it a priority to pursue enforcement actions against companies that do not have reasonable data security practices.