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LabMD v. FTC: A David Against Goliath Story

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Manage episode 183297425 series 1460717
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of this battle are recorded in his book, "The Devil Inside the Beltway".In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him including some of the largest companies in the world have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas.

Following oral arguments last month before a panel of the 11thCircuit Court of Appeals, it seems entirely possible that he willprevail. In so doing, he may well topple key pillars of the FTCs cybersecurity and online privacy edifice.

Sign up for Regulatory Transparency Project updates atRegProject.org.

Featuring:

  • MichaelJ. Daugherty,Founder, President and CEO, LabMD

  • Gus Hurwitz,Assistant Professor of Law, Nebraska College of Law
  continue reading

11 episodes

Artwork
iconShare
 
Manage episode 183297425 series 1460717
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of this battle are recorded in his book, "The Devil Inside the Beltway".In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him including some of the largest companies in the world have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas.

Following oral arguments last month before a panel of the 11thCircuit Court of Appeals, it seems entirely possible that he willprevail. In so doing, he may well topple key pillars of the FTCs cybersecurity and online privacy edifice.

Sign up for Regulatory Transparency Project updates atRegProject.org.

Featuring:

  • MichaelJ. Daugherty,Founder, President and CEO, LabMD

  • Gus Hurwitz,Assistant Professor of Law, Nebraska College of Law
  continue reading

11 episodes

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