The FTC’s Black-Box Determination of Information’s Sensitivity Imperils First Amendment and Due-Process Rights
Topic: Antitrust and Consumer Protection
By Gerard M. Stegmaier, a Partner in the Washington, DC office of Reed Smith LLP, Wendell J. Bartnick, an Associate in the firm’s Houston, TX office, and Kelley L. Chittenden, an Associate in the firm’s Washington, DC office.
Legal Opinion Letter, February 16, 2018, 2 pages
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Out of respect for the constitutional principles of fair notice and freedom of speech, the Federal Trade Commission should provide a clear, consistent explanation when designating consumer data as “sensitive.”