FTC Commissioner Thomas Rosch Reflections on Behavioral Advertising

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In his speech to the US Chamber of Commerce, FTC Commissioner Thomas Rosch provides an interesting analysis of the Commission’s legal authority in the area of online behavioral advertising.  He calls non-personal behavioral tracking a “vexing” policy issue, but suggests that there are ” some hard legal issues that need to be resolved even if one thinks, as a policy matter, that undisclosed online behavioral tracking should be prohibited”.