What the FTC really needs to deal with Facebook

What does the Federal Trade Commission need to grapple with a force like Facebook?

• Fundamentally, the FTC needs privacy authority that extends beyond deception or murky unfairness to accord companies’ data practices with consumer preferences and reasonable expectations. The net result should be that Facebook collects a lot less about what its users do off of the service.
• Any new privacy statute will be relatively high level, so the FTC must also be given the authority to promulgate clarifying rules to adapt to evolving technology and business practices. In order to provide more certainty for both companies and consumers, the FTC should have the same rulemaking capacity possessed by other government agencies.
• Stronger enforcement will play a key role as well — and the FTC should be given the ability to obtain civil penalties (and for all violations of Section 5 while we’re at it).
• Finally, the FTC needs a massive infusion of staff and budget to support its mission.

[Justin Brookman is the Director, Consumer Privacy and Technology Policy, for Consumers Union, the policy and advocacy arm of Consumer Reports.]