TikTok is facing a ban, Congress proposed the American Privacy Rights Act (APRA), and lawmakers are busy proposing legislation focused on protecting children online. While the legislation has features that warrant concern, a more pernicious common feature isn’t getting due attention.
Concerns over the direction the Federal Trade Commission (FTC) is taking under current leadership are magnified when proposed legislation would rely on the agency for enforcement. The FTC may not just be negatively impacting antitrust but creating additional roadblocks to digital protections.
Even before becoming Chair of the FTC, Lina Khan was raising eyebrows with her critique of the consumer welfare standard, which guides antitrust enforcement to focus on consumer harm. In a now-famous quote from a Fox News interview, Khan appeared to embrace politicizing the agency when she stated “I think all decisions are political in so far as government agencies are bringing them.”
This statement flies in the face of the idea that the FTC is an agency focused on consumer protection and the enforcement of existing laws. Even the FTC staff have questioned whether or not the chair’s ultimate goal was to change the law rather than enforce it. With failure rates more than three times as high as some previous administrations, it’s clear that under Kahn’s leadership, the agency is not pursuing a winning strategy.
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Tirzah Duren is the Vice President of Policy for the American Consumer Institute, a nonprofit educational organization. For more information about the Institute, visit www.TheAmericanConsumer.org or follow us on Twitter (X) @ConsumerPal.