Antitrust Implications of the Banning Surveillance Advertising Act
Alisha Parker-Martell The Banning Surveillance Advertising Act, proposed in the 117th Congress of the House of Representatives by Congresswoman Eshoo, would improve consumer data protection but would also have negative consequences on market competition in sectors that utilize user data. This Act is indicative of a growing conflict between antitrust policy and consumer data privacy. This essay argues that future federal consumer data privacy legislation should attempt to balance the competing interests of market health and consumer privacy rights by prohibiting exploitative uses of consumer data and mandating consumer data sharing and a period of exclusive use of collected data....
FTC Social Media Endorsement Guidelines: The Effects on Social Media Users and Business Owners
Jason Kim In the midst of heydays of social media, a social media user will inevitably face a product or service endorsement post in his/her social media feed or thread page. However, in the endorsement post, it is quite rare to see disclosure information as to whether the social media endorser has some kind of commercial relationship with the product manufacturer or service provider. On September 7, 2017 the FTC issued its first ever legal action against individual social media endorsers for posting endorsement posts without revealing their commercial relationship with the service providing company. This action by the FTC...