The Federal Trade Commission has challenged the 9th U.S. Circuit Court of Appeals' decision that "the common carrier exception to its jurisdiction is status-based, not activities based," Multichannel News reports. The 9th Circuit's earlier ruling "could leave edge provider privacy not only out of reach of the FCC, but the FTC as well, at least where the 9th Circuit has jurisdiction," the report states. In its filing, the FTC argued that the ruling "creates an enforcement gap that would leave no federal agency able to protect millions of consumers," the FTC said in its filing with the court. "No other federal agency can fill this gap," the FTC continued. "The problem is especially severe in the area of consumer data privacy and security. "
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