The Federal Trade Commission got some good news yesterday when it was announced the United States Court of Appeals for the Ninth Circuit will rehear Federal Trade Commission v. AT&T Mobility LLC en banc. In the order, Chief Judge Sidney Thomas said of the ruling currently on the books, "The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit." That's a win for the FTC, which had filed an appeal against the Ninth Circuit's September ruling that common carriers are exempt from all FTC Act Section 5 actions. It's an especially important ruling given the recent uncertainty over which regulatory agency will enforce broadband providers: the FTC or the Federal Communications Commission. Angelique Carson, CIPP/US, rounds up reactions in this exclusive for The Privacy Advisor.
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