Tech Policy Podcast 410: The FTC and Online Speech: What’s Next?
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Jun 12, 2025 Maneesha Mithal, a partner at Wilson Sonsini and former FTC privacy division head, dives into the FTC’s ongoing investigations into social media giants. She shares intriguing insights about the agency's looming decisions on regulating online speech and the potential impact on First Amendment rights. The conversation touches on challenges small companies face compared to larger firms and the complex interplay between regulatory authority and content moderation. Mithal also delves into privacy legislation's future amidst evolving tech policies.
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FTC's Enforcement Authority
- The FTC mainly uses Section 5 of its Act to enforce against unfair or deceptive business practices.
- It also employs other tools like industry studies, civil investigative demands, and public workshops to shape policy and enforcement.
FTC Builds Federal Privacy Law
- The FTC has broadly used its limited Section 5 authority to build a federal privacy enforcement framework.
- It has established norms like requiring opt-in consent for sensitive data collection even without explicit federal privacy law.
Inside the FTC Decision Process
- Inside the FTC, political leadership pushes priorities while career staff focuses on legal authority and proper enforcement tools.
- There's ongoing negotiation on methods like investigations, industry studies, or softer measures before actions are taken.