Outdated Ethics Rules Stymie the FTC's Efforts to Keep Up with Big Tech

The Federal Trade Commission (FTC)'s longstanding conflict-of-interest rules may unnecessarily impede its ability to attract, retain and deploy the technical expertise that it badly needs to keep up with Big Tech. To change this, the FTC needs to narrow the definition of a “same proceeding or investigation,” and consider a bright-line time limit on investigations that will be considered the same. It should also distinguish post-employment matters with state attorneys general or plaintiffs’ attorneys from employment that actually threatens the anti-corruption objectives of the rules, such as leaving the agency to go work for Google or Facebook. Anti-corruption restrictions on former government employees are important. But the FTC’s approach to its rules for former technologists seeking only to work for another agency or part of the team, so to speak, rather than switch sides, undermines the agency’s effectiveness without slowing the revolving door. The Biden FTC seems eager to utilize any and all available tools to make the agency a more effective protector of consumers and well-functioning markets. Making it easier for the agency to maximize its workforce potential would be a great place to start.