Can the FTC Promulgate Effective Privacy Rules?

In the absence of federal privacy legislation, the FTC is widely expected to commence a rulemaking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.” This paper addresses some of the reasons why FTC rulemaking is a poor substitute for federal legislation and an inefficient allocation of limited agency resources. While the FTC has considerable power to craft rules banning unfair or deceptive practices