The Ninth Circuit Court of Appeals has granted rehearing of a decision that stripped the FTC of its authority over companies engaged in "common carrier" activities. The grant of rehearing vacates the court's earlier holding that the common carrier exemption to FTC authority is status-based, not activity-based. EPIC and a coalition of consumer advocates had filed a friend-of-the-court brief urging reconsideration of the court's decision, warning that the decision "could immunize from FTC oversight a vast swath of companies that engage in some degree in common carrier activity." EPIC previously filed an amicus brief in FTC v. Wyndham to defend the FTC's "critical role in safeguarding consumer privacy and promoting stronger security standards."
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by Ryan Calo, A. Michael Froomkin,