The Potential Pitfalls of Licensing

The FTC has been able to become the primary privacy regulator of the US because it's taken a case-by-case enforcement approach, which is more flexible than when you write down a bunch of rules about how a company or an industry should operate. So I can just see licensing being something that members of Congress are sort of fall for what potential pitfalls could come of that approach. Licensing regimes historically have been one of the best ways for incumbents at the top of the game to stay there without having to compete in the marketplace. And so I think that the licensing regimes have every risk of doing becoming this, having an anti-competitive effect.