From: The Hill | Opinion
BY JUSTIN GUS HURWITZ, OPINION CONTRIBUTOR
Indeed, the court went further, saying that the FTC’s basic approach — in which the FTC tries to improve general security practices by suing companies that experience security breaches — violates the basic legal principle that the government can’t punish someone for conduct that the government hasn’t previously explained is problematic.
This is why Daugherty is a hero. No other company has stood up to the FTC. For large companies, which are frequently investigated by the government, it is more important to maintain a good relationship with regulators than to fight for sound legal principles. And smaller companies simply lack the resources to fight the FTC.