Problem
A. What are the Federal Trade Commission's ("FTC") main regulatory functions?
B. How does the protection of consumer privacy fit within the FTC's regulatory competence?
C. What are some of the key limitations of relying on the FTC as the main federal regulator of consumer privacy issues?
D. What kinds of requirements can the FTC impose on a business to ensure that the business better protects consumer privacy?
E. Why do some Commissioners (including Commissioner Ohlhausen) think the scope of the FTC's enforcement powers under section 5 of the FTC Act should be construed more narrowly?