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The Federal Trade Commission, established almost a century ago to investigate unfair and deceptive business practices, appears to be rather poorly suited for policing the vast and changeable online world, suggests a report from ProPublica. The FTC is secretive about its methods, but a cursory examination by the non-profit, investigative news organization shows that the agency's capabilities are limited in fundamental ways.
Despite the FTC?employing nearly 1,200 employees, the relatively new department established to cover the ?mobile sector of commerce comprises just six people?? three of whom are from the legal department.?Furthermore, the people who ostensibly oversee commerce involving the hundreds of millions of phones in this country ? along with apps, services and carriers?? are restricted in both the hardware and software they use.
BlackBerry phones?are used at the FTC and other government agencies?for security reasons, but iPhone or Android devices and the apps they run are kept in a basement lab, which very likely makes real use of them impossible. Several employees interviewed admitted to using personal devices to do their work. The FTC itself doesn't seem to see the necessity of providing its employees with the means to do their job:
The interview with [Mobile Technology Unit director Patricia] Poss was conducted in an office on the third floor of the FTC?s headquarters, with an FTC spokeswoman on hand. When Poss was asked whether it wouldn?t make sense for the director of the Mobile Technology Unit to have a government-issued iPhone or Android, the spokeswoman, Claudia Farrell, interceded.
?He?s trying to get you to bitch, Patti. Don?t do it.?
The Internet inside the agency, too, is restricted. Many sites, including Apple's App Store, simply cannot be accessed from the government's network. The report's writer compares it to telling cops they can't go to high-crime neighborhoods.
So it comes as no surprise that?when Internet-based companies are found to be deceiving or mistreating their customers, it's usually a young security wonk or other non-public entity that makes the discovery. Or, as?in a recent case where Google was found to have collected an enormous amount of private data using its Street View cars, the mistreatment was only discovered after another government took the matter in its own hands (Germany, in this case), and the indictment had global effects.
That's not to say they don't know they could be doing more, as the agency's chief technologist, Edward Felten, tells ProPublica:
We could for sure do more if we had more people ...?There are a lot of opportunities that we have to let go by because we don?t have the people to seize them ? opportunities to measure and evaluate what?s happening every day in people?s computers and phones.
When the FTC does find itself in a position to regulate Internet and mobile companies,?the process is often so slow compared to fast-moving tech industry, that by the time the case is made and any punishment doled out, the offense (or even the offender)?is already?long forgotten.?For instance, the ProPublica report says, the FTC began legal proceedings against Myspace in 2009 ??when that social network was in decline ? and only wrapped it up and fined the company in May of this year.
The agency is simply outgunned, but it refuses to gear up, says ProPublica. Despite being outmaneuvered on both sides?? on one by large companies dancing around regulations, on the other by private or individual investigators doing their job for them?? they are not requesting more money or manpower, or?claiming very reasonably that they are more necessary than ever.
But as ProPublica points out, those who ask do not always receive:
FTC officials are reluctant to talk about their lack of funding, partly because public whining, especially during hard economic times, is infrequently rewarded. It?s also politically unwise. A vocal portion of the electorate believes the government and its regulatory arms have too much money and power as it is. Additionally, the FTC is trying to keep the tech industry honest by hinting that the feds are watching everything. It does not help if Silicon Valley realizes the FTC possesses just a handful of iPhones and Androids that are kept under lock and key in the basement.
The tech industry may not have great reason to fear the FTC at the moment, but it is still under careful surveillance by independent organizations like the EFF and other?privacy and business watchdogs. They may not have the ability to bring the weight of the federal government to bear on offending companies, but they can at least provoke the no less serious threat of public scrutiny.
The full report by ProPublica can be read here.
Devin Coldewey is a contributing writer for msnbc.com. His personal website is?coldewey.cc.
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