Does protecting consumers online and addressing potential harm associated with digital platforms require creating a new regulatory agency? Some members of Congress think so. The newly introduced American Privacy Rights Act (APRA) is a comprehensive privacy bill that elevates the Federal Trade Commission (FTC) to handle a wide swath of regulatory rulemaking and enforcement related to data-driven commerce. While the bill does not go as far as proposals for a stand-alone internet agency, it accomplishes something similar: it anoints the FTC as the U.S.’s digital regulator. Expanding the FTC’s regulatory authority through rulemaking will detract from the FTC’s proper role as an enforcement agency focused on promoting competition and protecting consumers.
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