Reference health
FTC v. LabMD: FTC Jurisdiction Over Information Privacy Is 'Plausible,' but How Far Can It Go?
6/6 checkable references clean · checked 2026-08-28
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
21 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.
The 6 checked references that resolve
resolves10.1089/153312903321139103
<i>Levine v. Fair Political Practice Commission</i>
, 222 F. Supp. 2d 1182 (E.D. Cal. 2002)
resolves10.2139/ssrn.2497022
High Technology, Consumer Privacy, and U.S. National Security: Hearing Before the Subcomm. On Commerce, Manufacturing, and Trade of the H. Comm. On Energy and Commerce, 113th Cong., September 17, 2014 (Remarks by Professor Laura K. Donohue, Geo. U. L. Center)
resolves10.1089/glre.2009.13311
Counsel Financial Services, LLC v. Melkersen Law, P.C.,
<i>No. 08-CV-156A, 2009 WL 453379 (W.D.N.Y. Feb 23, 2009)</i>
The 21 references without a DOI — listed, not checked
no DOI — not checked) (quoting FTC v. Gill, 265 F.3d
no DOI — not checkedat 1, 15. The district court issued Google a $22.5 million civil penalty for violating the consent decree. See United States v
no DOI — not checkedref5
no DOI — not checkedref6
no DOI — not checkedPricewert LLC, No. C-09-2407
no DOI — not checkedusing section 5 against a company that allegedly failed to use adequate security methods to protect its customers' data). The FTC has also settled with Franklin's Budget Car Sales, Inc., and EPN, Inc., for generally failing to implement "reasonable and appropriate data security measures
no DOI — not checkedNo. 06-CV-105
no DOI — not checkedref10
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no DOI — not checked94 Additionally, the FTC itself has consistently been seen as having a role in interpreting section 5, 95 and has developed a history of enforcing the FTC Act in data security and privacy areas in over forty instances since 2000. 96 Precedent seems to be firmly on the side of the FTC and its role in enforcing information security and consumer privacy. 97 However, the FTC faces a different challenge to its use of the FTC Act's unfairness category in FTC v. Wyndham Worldwide Corp. 98 Both Wyndham and amicus parties argue that the FTC's authority to regulate unfair practices does not extend to data breaches caused by third parties
no DOI — not checkedref19
no DOI — not checkedCongress has not at any time withdrawn the broad discretionary authority originally granted the Commission
no DOI — not checkedCongress has not enacted any more particularized definition of unfairness
no DOI — not checkedref22
no DOI — not checkedPricewert LLC, No. C-09-2407
no DOI — not checkedref24
no DOI — not checkedref26
no DOI — not checked) (finding "significant merit to Respondents' argument that Section 5 does not justify an investigation into data security practices and consumer privacy issues" but holding that "it is a plausible argument to assert that poor data security and consumer privacy practices" violate section 5 since "it is disturbingly commonplace for people to wrongfully exploit poor data security
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