Congrats to @AFergusonFTC on his designation as FTC Chair. Sharing this letter @BedoyaFTC and I have sent him.

Each of the Commissioner's individual statements on the ANPR are linked in this press release, and I recommend reading them all.

And finally, I want to acknowledge how much I benefit from and respect the perspectives of my Republican colleagues, @FTCPhillips and @CSWilsonFTC. While I don't agree with their dissents, their input has improved our thinking and the end product.

I also want to particularly recognize my colleague @BedoyaFTC. True, we would not be here today without his vote, but more importantly, we are better positioned to tackle these issues because of his privacy expertise and commitment to making sure our work leaves no one behind.

I am so grateful to the Commission staff for their exceptional hard work on this project. And I am especially grateful to Chair @linakhanFTC for her leadership in launching this project and her vision in addressing commercial surveillance.

The Commission will take this opportunity to think deeply about people’s experiences in this market and about how to ensure that the benefits of progress aren't built on an exploitative foundation.

But I have an open mind about what the results will be, as the law requires. The record may or may not support new rules. And if we find there are not grounds for new rules, the record can still help inform our enforcement efforts, and help guide policymakers.

I'm eager to evaluate the record in full and see where it leads. I'm particularly interested to hear about ideas related to data minimization, civil rights, discriminatory algorithms, and data protection for kids and teens.

And that is why the record is really important. I want to encourage public participation in this comment period, especially from the voices we hear from less at the Commission. A diverse set of comment will lay a firm foundation for any potential agency action.

But rules cannot reinvent the law; to issue a rule under Section 18, the Commission can only target conduct that is 1) prevalent and 2) ALREADY illegal under the FTC Act (i.e., conduct that we could pursue in case-by-case enforcement).

Better compliance protects users, preserves agency resources to pursue violators, and allows the market to function more efficiently.

Rules can provide clear, ex ante guidance about what conduct is proscribed by the FTC Act's prohibition on unfair/deceptive acts & practices. This facilitates compliance for businesses. Compliance is also incentivized by the civil penalties that attach to rule violations.

But because the legislative process is unpredictable, we should not wait any longer to begin using our existing tools. And one of those tools is rulemaking. Rulemaking based on a well-developed record can benefit consumers and businesses alike.

I'm delighted to see Congress hopefully on the verge of passing meaningful data protection legislation. To be clear: I want the #ADPPA to pass, and I see today's announcement as a complement to the legislative effort, not a substitute.

It is up to the Commission to use the tools Congress explicitly gave us to prevent these unlawful practices. Our authority to issue rules against unfair and deceptive practices is unambiguous, but our authority is also limited. FTC action is no substitute for a new law.

Data abuses like surreptitious location tracking, unaccountable & discriminatory algorithmic decision-making, or lax data security practices have been either caused by, exacerbated by, or are in service of nearly unfettered commercial data collection, retention, use, and sharing.

Three years ago, I began arguing that case-by-case enforcement for data abuses wasn't effective; that we need a new federal law; & meanwhile the FTC should use its (neglected) authority under Section 18 to initiate a rulemaking.

Today is such an important day, I'm coming out of Twitter hibernation to share some thoughts on the @FTC's big announcement - we're opening a record to explore rulemaking in the areas of commercial surveillance and data security. My full statement:

This is the best news. Congratulations to my friend and former/future colleague @alvarombedoya. The Commission and the American people will be so lucky to have your intellect, your passion, and your integrity at the FTC. Vamos!.

I am ready and eager to work with the Administration and the Commission to press forward on this vital work.