Deep Dive 109 – Regulating by Consent Agreement: Examining FTC’s YouTube Settlement and Beyond
Sign up for free
Listen to this episode and many more. Enjoy the best podcasts on Spreaker!
Download and listen anywhere
Download your favorite episodes and enjoy them, wherever you are! Sign up or log in now to access offline listening.
Description
On September 4, 2019, the Federal Trade Commission announced sweeping regulatory changes to the operation of YouTube, one of the internet’s most popular websites. YouTube has 2 billion monthly active...
show moreFTC settlements have long been praised by those who value the “soft law” benefits of such an approach: flexibility to deal with case-by-case specific problems, particularly in fast-changing industries; reduced need to establish one-size-fits-all industry-wide rules; efficient resolution of cases; the ability to shape future behavior through a kind of common law. Such settlements have also long been criticized by those who emphasize the difference between them and hard law: a creation of regulatory ambiguity; lack of process that considers the interests of the full range of stakeholders; a “rulemaking” environment with a power differential between the negotiating parties; and an agency ability to accumulate incremental changes to the law that in total can be quite significant.
This episode explores FTC settlements and consent decrees, including the YouTube case and what it means for FTC enforcement going forward. It will take place as part of the Federalist Society's Executive Branch Review Week.
Featuring:
- Jessica Rich, Distinguished Fellow, Institute for Technology Law & Policy, Georgetown Law
- Sean Royall, Partner, Kirkland & Ellis LLP
- Gerard Stegmaier, Partner, Reed Smith LLP
- [Moderator] Neil Chilson, Senior Research Fellow for Technology and Innovation, Charles Koch Institute
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
Information
Author | The Federalist Society |
Organization | The Federalist Society |
Website | - |
Tags |
Copyright 2024 - Spreaker Inc. an iHeartMedia Company