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In an op-ed for The Hill, Justin Gus Hurwitz writes that LabMD Founder Mike Daugherty is a "hero" for being the first to fight the U.S. Federal Trade Commission on charges brought against his company after having suffered a data breach. Hurwitz writes, “The agency used the threat of litigation to secure settlements from dozens of companies, and it used those settlements to convince everyone else that those settlements constituted binding law and enforceable security standards.” He added the recent decision from the 11th Circuit Court of Appeals demonstrated that the “FTC’s approach to developing security standards violates basic principles of due process” and will limit the agency’s ability to police poor privacy and data protection operations. Editor's Note: Müge Fazlioglu, CIPP/E, CIPP/US, recently wrote on FTC enforcement actions in an article for The Privacy Advisor.
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