What to Expect on Privacy with a New Democratic Majority at the FTC

It has been just over one year since Lina Khan was confirmed by the Senate and designated Federal Trade Commission (FTC) chair by the president. At the outset of her tenure, she had a Democratic majority, which ended in October 2021 when former Commissioner Rohit Chopra departed the FTC to take over as director of the Consumer Financial Protection Bureau. But in May, the Senate confirmed Alvaro Bedoya as the fifth commissioner in the narrowest of votes, giving back a Democratic majority to Chair Khan.

Since the Democratic majority has re-formed, not much has changed outwardly at the agency; indeed, almost every consumer protection and privacy case voted out in the past few months has been voted out unanimously, though with occasional concurring statements from some commissioners. But it is likely that we will see more partisan activity going forward, akin to what the agency saw when Chair Khan first took over.

Although much of the privacy attention in this country has been focused

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