Global Data Review Quotes Michelle Reed on Possible Impact of Overturned Chevron Case
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For its article “SCOTUS Chevron case could dampen FTC activity,” Global Data Review quoted Akin cybersecurity, privacy & data protection practice co-leader Michelle Reed. The article looks at the U.S. Supreme Court’s agreement to hear a case that could lead it to overturn the Chevron doctrine, which, it notes, could then limit the Federal Trade Commission’s (FTC) burgeoning rulemaking and enforcement on data privacy and cybersecurity.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. was a 1984 decision that established the legal test concerning deference to, as the article notes, a government agency’s reasonable interpretations of legislation that lacks specificity.
Michelle said that an overturned Chevron could compel Congress to issue specific laws for the FTC to enforce emerging business practices, adding, “I think…if Chevron is overturned there could ultimately be rulemaking that is more specific and elucidates more standards for companies.”
